Recovery of Gifts After a Relationship Ends (Philippine Law)

This guide covers when a giver (the “donor”) can legally take back money, property, or things given to a boyfriend/girlfriend, fiancé(e), spouse, or partner once the relationship ends. It synthesizes long-standing rules in the Civil Code and Family Code. It’s legal information, not advice.

1) First principles: What kind of “gift” are we talking about?

In Philippine law, most relationship “gifts” are donations. Legally relevant types:

Ordinary donations inter vivos (birthday presents, cash, gadgets).
Donations by reason of marriage (donation propter nuptias): gifts made in consideration of the upcoming marriage (classic example: the engagement ring or a cash/property transfer “because we’re getting married”).
Donations between spouses during marriage (generally void, save moderate gifts on occasions).
Donations between persons living together as husband and wife without a valid marriage (also void, with narrow exceptions).
Donations with an unlawful/immoral cause (e.g., between persons guilty of adultery/concubinage at the time).

Why this classification matters: Your right to recover depends on the gift’s legal class, any condition attached, and who is at fault for the breakup.

2) Form requirements (often overlooked—and decisive)

Movables (phones, jewelry, cash, cars registered as movables):
- If the value exceeds ₱5,000, the donation and acceptance must be in writing. If not, the donation is void, and the donor can ordinarily recover (because ownership never validly transferred).
Immovables (land/condo):
- Must be in a public instrument (notarized deed of donation) specifying the property and with acceptance by the donee in the same or separate notarized instrument; otherwise void, and the donor may reconvey.

Practical punchline: Many large “relationship gifts” were never papered properly. If the form was defective, recovery is usually available regardless of breakup fault.

3) Engagements and donations by reason of marriage

A. If the marriage does not take place

A donation propter nuptias is conditional on the wedding happening. If the wedding doesn’t push through, the donation may be revoked or simply never takes effect.
Fault matters in practice:
- If the recipient unjustifiably backs out, donors typically recover (e.g., return of the engagement ring or cash given because of the wedding).
- If the donor is at fault (e.g., jilts the other), recovery can be denied.
- If both are blameless or mutually decide not to marry, courts often restore parties to the status quo (return the ring/property).

B. If the marriage takes place but later ends

By annulment/void marriage: donations by reason of marriage can be revoked if the donee acted in bad faith or if statutes so allow.
By legal separation: may be revoked in favor of the innocent spouse.
By valid divorce recognized in PH (rare scenarios with a foreign spouse): effects depend on recognition; donations by reason of marriage are distinct from property regimes.

Note: Donations by reason of marriage are separate from wedding gifts from third persons; those go to the spouses per the property regime, unless a donor specified otherwise.

4) Donations between spouses or live-in partners

Between spouses during marriage: Void (Family Code) except for moderate gifts on family rejoicing occasions (birthdays, graduations). “Moderate” is fact-specific; cars/condos are rarely “moderate.”
- Effect: Since the donation is void, ownership never transferred. The giver (or the conjugal/community/absolute-separation estate) can recover the property or its value.
Between persons living together as husband and wife without a valid marriage (common-law): The same prohibition applies to donations between the partners (again, except moderate gifts). These void donations are recoverable.
Property acquired during cohabitation: Separate from “gifts,” the Family Code provides special co-ownership rules (Articles 147/148). If an item was truly a gift, it stays with the donee unless the donation is void or revocable; if it was bought through joint efforts/funds, it is usually co-owned and divided upon breakup.

5) Immoral or unlawful donations (Art. 739 Civil Code)

Donations are void if made:

Between persons guilty of adultery/concubinage with each other at the time of donation;
In consideration of a crime or immoral cause.

Who can attack/recover: The legal spouse of the donor or the donor’s heirs may sue to nullify and recover the donated property. The parties “in pari delicto” (both at fault) generally can’t sue each other to enforce the donation.

6) Revocation for ingratitude (works even for valid donations)

Even if a donation was valid, the donor may revoke for ingratitude when the donee:

Commits a serious offense against the donor or close family;
Gravely insults or seriously injures the donor;
Unjustifiably refuses support the donee is legally bound to give the donor.

Deadline: The action must be filed within one (1) year from when the donor learned of the cause (and while the donor is alive). If granted, property is returned or its value paid.

7) Unjust enrichment and failure of consideration

Where a transfer was made based on an assumed future event (e.g., “I’ll fund your house because we’re marrying and living there”), and that event fails through the recipient’s fault or there’s no legal cause, courts may order restitution (return of property/money) to prevent unjust enrichment—especially when the transfer qualifies as a conditional donation that failed, or as a void donation (form/illicit cause).

8) Taxes & collateral issues

Donor’s tax: Large gifts may have been subject to donor’s tax (currently a single-rate system). If a donation is void/annulled or revoked, tax refund/credit isn’t automatic; separate BIR remedies and timelines apply.
Registrations: For cars/real property, title/registration may be in the donee’s name. A court decree (nullity/revocation) is usually needed to reconvey and amend LTO/Land Registry records.
Third-party rights: If the donee sold the thing to a buyer in good faith, the donor’s remedy may shift to damages/value rather than the object.

9) How to frame your legal theory (choose what fits your facts)

Void donation (form defect) → Reconveyance/annulment of transfer; no donation ever took effect.
Conditional donation (propter nuptias, “for our marriage/house”) → Revocation due to non-fulfillment of condition.
Donation between spouses/common-law partners (not moderate) → Void, recover property/value.
Immoral donation (adultery/concubinage) → Void, action by lawful spouse/heirs.
Revocation for ingratitude → Within 1 year of knowledge.
Unjust enrichment / resulting trust → Where donor paid the price but title was placed in donee’s name without valid donation.

10) Evidence playbook (what wins/loses these cases)

Paper trail: bank transfers, receipts, chats/texts (“This is for our wedding/our house”), proposal photos, invitations, supplier contracts, RTCC/MSS texts about wedding plans.
Formality: Is there a deed of donation? Is acceptance in writing? Was it notarized (immovables)?
Purpose: Proof that the gift was because of the planned marriage (to qualify as propter nuptias) or meant to be conditional (e.g., “use this for the wedding”).
Fault: Proof of who backed out and why (fault influences outcomes in propter nuptias disputes).
Value/identity of property: Appraisals, OR/CR (vehicles), TCT/CCT and tax dec (land/condo), serial numbers (jewelry/watches).
Timing: Dates matter for the one-year clock on ingratitude actions and for tax remedies.

11) Scenario guide

A) Engagement ring; wedding cancelled

Treat as donation by reason of marriage.
Return is typical if the donee unjustifiably cancels; no return if the donor is at fault; mutual cancellation may still lead to return (status quo).

B) Condo placed in partner’s name during cohabitation

If there’s no notarized deed of donation, the donation is void → donor can sue to reconvey; or argue resulting trust if donor paid the price.
If they are spouses, the donation is void unless a moderate gift (a condo is not moderate).

C) Car “gifted” to live-in partner

Without a written donation/acceptance (value > ₱5,000), donation is void → recover.
If both contributed to the purchase, analyze co-ownership under cohabitation rules.

D) Large cash “for our future wedding/house,” then breakup

Argue conditional donation with failure of condition (no wedding), and/or unjust enrichment.

E) Gifts to a paramour while donor was married

Void under immoral cause rules. Lawful spouse/heirs can sue to recover.

F) Separation after marriage; spouse transferred jewelry “out of love”

Donation between spouses during marriage is void unless moderate (jewelry can be moderate or not depending on value/occasion). High-value sets are often not moderate → recoverable.

12) Remedies & timelines

Civil action in the RTC/MTC (depending on value):
- Annulment/nullity of donation/transfer, revocation, reconveyance, sum of money (value), plus damages and attorney’s fees as warranted.
Prescription (general guidelines):
- Revocation for ingratitude: 1 year from knowledge of the act.
- Void donations: actions to declare absolute nullity are generally imprescriptible, but ancillary claims (damages, taxes) may prescribe—don’t wait.
- Unjust enrichment/resulting trust: subject to ordinary civil prescription (often 4 or 10 years, fact-dependent).
Lis pendens/annotations: For land/condos, consider annotating to prevent disposal during suit.
Third-party buyers in good faith: Focus on value/damages if the property is gone.

13) Negotiation checklist before suing

Identify the legal hook (void for form, conditional gift failed, immoral cause, ingratitude).
Assemble documents proving ownership, transfer, value, purpose, and fault.
Prepare an offer to settle (return of item / repayment schedule).
For registered assets, propose joint execution of deeds to save time and fees.
Mind tax clean-up (donor’s tax that was paid may need separate BIR action).

14) Key takeaways

Form defects win cases: big gifts without the required written/notarized donation are often recoverable.
Engagement-related gifts are conditional; if the wedding doesn’t happen, return is the default—tempered by fault.
Donations between spouses (and live-in partners) are generally void, barring moderate gifts; void donations are recoverable.
Immoral-cause donations (adultery/concubinage) are void and attackable by the lawful spouse/heirs.
Even valid donations may be revoked for ingratitude—but watch the 1-year clock.
Always analyze cohabitation property rules (co-ownership) separate from “gifts.”
For land/cars/cash transfers, expect to use reconveyance, revocation, or unjust enrichment theories—and fix titles/registrations after judgment.

When stakes are high (real property, cars, six-figure cash), get counsel early: the right framing—void donation vs. conditional gift vs. co-ownership—often determines whether you recover the thing itself, its value, or nothing.