You Might Be Wondering…

• Is a verbal agreement enough to gift something to my partner?

• What happens if we break up – can I demand the gift back?

• How can I protect both myself and my partner from disputes?

• Is it better to make a gift or a loan?

Clients Ask Me

Does a gift to a partner always need to be in writing?
For movable property (such as electronics or furniture), a verbal agreement may suffice. But for high-value items (money, a car, real estate), I always recommend a written agreement – otherwise, it will be difficult to prove what was actually given.

Can I revoke a gift if we break up?
A breakup itself is not grounds for revoking a gift. The law only allows revocation for ingratitude or if the donor falls into serious need.

Isn’t a loan better than a gift?
In many cases, yes. A loan allows you to clearly define conditions and protects you from losing large sums in case of a breakup.

Gifting to a Partner in a Nutshell

• Legal framework: without marriage, it’s always a gift – there is no marital property.

• Form: a written agreement is highly recommended for any high-value gift.

• Revocation: only possible for statutory reasons.

• Alternative: loan agreement or co-ownership instead of a gift.

Biggest Risks and Common Mistakes

1. No written agreement – during a breakup, it’s hard to prove whether it was a gift or a loan.

2. High-value gifts without protection – gifting a car, apartment, or large amounts of money without legal safeguards.

3. Underestimating emotions – disputes often escalate after a breakup and end up in court.

4. Confusing gifts and loans – unclear arrangements lead to lengthy litigation.

Step-by-Step: How to Proceed

1. Decide whether you truly want to gift or rather loan.

2. For high-value gifts, always draft a written agreement.

3. Consider alternatives (co-ownership, loan contract).

4. Think ahead about the consequences of a breakup – protect yourself in advance.

Real-Life Example

A client gifted his girlfriend 500,000 CZK for an apartment renovation. A year later they broke up and he wanted the money back. Without a written agreement, it was impossible to prove that the money was a loan. The court ruled it was a gift, and the client lost the entire sum. A simple loan contract would have completely changed the outcome.

Why Be Careful with DIY Templates

Relationships are complex, and no free online template will solve your personal situation. They don’t address whether a gift might cause disputes, whether a loan is more appropriate, or how to handle high-value transfers safely.

Lawyer’s Recommendation

I often see people acting generously and then regretting it. My advice:

• Always distinguish between a gift and a loan,

• Handle larger gifts with a written agreement,

• Think carefully whether gifting to your partner is truly what you want.

Checklist:
✅ Decide gift vs. loan
✅ Written agreement for higher values
✅ Anticipate breakup scenarios
✅ Consult a lawyer

FAQ

Can a partner refuse a gift?
Yes, a gift is a bilateral legal act – the recipient must agree.

If I gift my partner an apartment, do I need to provide the land registry with a contract?
Yes, gifting real estate always requires a written agreement and registration in the land register.

Can I reserve the right to take the gift back in the donation agreement?
The law does not allow such a clause, but you can set up alternative arrangements (such as a loan contract).