You've made a donation to someone very close to you. But as time goes by and life circumstances change, you no longer see this person or things in the same light. You regret your donation. But can you reverse your decision? Rest assured, the French Civil Code provides for cases where you can "go back on your decision".
The beneficiary's attitude
You made a donation because you liked him/her, and didn't doubt his/her sense of family and friendship. And then, from one day to the next, the recipient's attitude changes, making you regret your generosity. But you think there's nothing more you can do. Wrong. You can revoke your donation for "ingratitude" if the beneficiary of the donation violates your life, commits serious offences, insults or abuses you, or refuses to help you in times of need. The case must be brought before the courts within one year of knowledge of the facts or of the recipient's criminal conviction (in the case of assault and battery, for example).
Non-performance of an obligation incumbent on the beneficiary
You have made a gift to your brother, taking the precaution of attaching an obligation to it (to provide food and lodging for yourself, to support a disabled child, to renovate the family home, etc.). The burden must be neither immoral nor illicit. If, by chance, your brother does not fulfill his obligations, the gift can be revoked in court. This action may be brought by you or your heirs.
Don't confuse revocation with the right of return
The right of return is a clause included in the deed of gift. In this case, the donated property reverts to the donor if the beneficiary of the donation dies without children (or more rarely, even if there are children). The gift is deemed never to have existed. The donor regains ownership of the property without having to pay any tax.
The birth of a child
You were a young bachelor when you made this gift to your childhood friend. You never thought that one day your family situation would change and you would have a child. Had you known, you would have made the gift to him. Rest assured, you can reverse your decision. A donation can be revoked when the donor has a first child born or adopted (in full adoption) after the donation. Since 2007, revocation must be provided for in the deed of gift, and legal action must be taken within 5 years of the child's birth or adoption.
Gifts between spouses and divorce
Unlike a conventional gift, an inter-spousal gift, made before a notary, only takes effect on the death of the first spouse. Last living gifts are automatically cancelled in the event of divorce, unless the spouse who made the gift decides to maintain it. This must be confirmed by the family court when the divorce is granted.
However, there is nothing to prevent the spouses from making gifts to each other which take effect during the marriage (gifts of money, jewelry, etc.). These are donations of "present assets". Made before January 1, 2005, they are revocable. Made after that date, they are irrevocable, including in the event of divorce (except in one of the three cases provided for by the Civil Code set out above).
Marie-Christine Ménoire