When a Gift Comes With Strings
In theory, a donation is set in stone: once you’ve handed over your property, there’s no turning back. The law in France is clear, as former notary Coralie Daven explains. But, as with most rules, exceptions exist. One rare but powerful exception? The recipient’s ingratitude. Yes, being seriously ungrateful can, in some cases, undo even the most well-intentioned family gift.
“There was no apparent conflict at the time the deed was signed.”
Back in 2017, a widow, determined to organize her estate for the sake of peace, decided to gift her only daughter the full ownership of the family home—a cozy 1,300 square foot (about 120 m2) house in the suburbs of Paris. At that time, the home was worth about €280,000 (roughly $300,000 USD). But the deed contained one crucial clause: the mother held a partial life interest (usufruct) over the ground floor, meaning she had the right to live there for as long as she wished. Her daughter was free to use the upper floor and all the outbuildings—the basement, attic, and upstairs kitchen.
As Coralie Daven puts it, “It was a practical arrangement: The mother stayed in her familiar surroundings, while the daughter became the owner, set to eventually inherit the property outright without any extra cost upon her mother’s death.”
Home Sweet (Shared) Home: When Things Fall Apart
A few months after the donation, the daughter, now separated from her partner, moved into the part of the house she legally controlled—the upper story. At first, things seemed manageable. But little by little, cohabitation between mother and daughter deteriorated. As Daven notes:
“The daughter’s strategy was gradual and insidious.”
It began with restricted access: doors locked on the main living room under the pretext of renovations, limited use of shared spaces like the kitchen. Then came the daily power plays. “She turned up the music upstairs, threw loud parties in the evenings, and refused to switch off the shared lights at night.”
Things escalated. The daughter cleared out storage spaces—including tossing her mother’s belongings without warning. She stopped contributing to household bills (electricity, heating, water), leaving her mother to cover everything. Finally, she installed a barrier, cutting off the summer kitchen—a spot that brought her mother great comfort.
When Family Drama Ends Up In Court
Eventually, the mother had had enough. She took the matter to court, asking for the donation to be revoked and her full ownership restored. In principle, gifts like this are final. But the law carves out a special remedy:
“A donation between living persons may be revoked for ingratitude.”
French law lists acts of ingratitude that can justify revoking a donation:
- Abuse or serious offenses
- Criminal acts or serious insults
- Attempts on the donor’s life
- Failing to provide support or assistance when required
In this case, the judge decided that the daughter’s behavior—removing her mother’s belongings and deliberately preventing her from enjoying her own home—amounted to serious insult. He also highlighted the daughter’s failure to uphold the implicit responsibilities of a donee: respecting the mother’s life interest, offering reasonable support to her widowed mother, and generally behaving decently toward the person who’d given her so much.
The evidence was solidified by neighbors and relatives who testified that “the actions were deliberate and mean-spirited. It wasn’t mere negligence, but a real strategy to exclude.” The daughter, it appeared, felt dispossessed by her mother’s presence and sought full control of the property despite the donation’s terms.
Reversing the Irreversible: Ingratitude Has Its Consequences
The verdict was clear. The judge revoked the donation. The daughter had to hand back the house, and the mother regained full ownership.
“Revocation for ingratitude is an automatic legal safeguard in French law, though it’s not always spelled out in the title deed,”
notes Coralie Daven. She warns, however, that simply losing contact with your children is not grounds for this drastic action:
“Not inviting your mother for Christmas or not wishing her a happy birthday, for example, is not punishable.”
After this ordeal, the mother decided to draft a will. “Aware that she couldn’t completely cut her daughter out due to the protected share of inheritance (the ‘forced heirship’ in French law), she chose a balanced approach,” says Daven. The mother granted the available portion of her estate (50%) to her granddaughter and made sure, as much as possible, that the family house would be left to her, provided the granddaughter compensated her mother for her legal share. Daven describes this as “A way of protecting the moral legacy while still respecting the legal framework.”
John is a curious mind who loves to write about diverse topics. Passionate about sharing his thoughts and perspectives, he enjoys sparking conversations and encouraging discovery. For him, every subject is an invitation to discuss and learn.
