Can my mom take back a gift after I move out?

Question

So my mom gave me an Xbox a couple of years ago. It was not given on my birthday or Christmas.

Can she take it back? I'm about to move out.

Answer 1

No, but …

A gift is irrevocable once given. Assuming:

1. Your mom intended that you become the owner of the Xbox,
2. It was physically delivered to you, and
3. You accepted,

then it's yours. These things are assessed objectively, which means the default starting position is that in giving you the Xbox, she intended to gift it; however, there may be circumstances where she could prove this was not the case. For example, there's a difference between saying, "You can my this Xbox" and "You can use my Xbox" - the first creates an irrevocable gift, and the second creates a revocable licence.

Now for the but ...

While you are a child, your mom, as guardian, can limit what you can do, including what you can do with your stuff. When you turn 18, she can't.

Answer 2

Unfortunately, she can. She could even take it away if she gave it to you on a birthday or Christmas, it doesn't make any difference until you are 18. It would be an absolutely awful move, but she can do this legally. You can show her this answer that a random person in the UK thinks this is an absolutely disgusting thing to do, and I would predict that sooner or later she will regret it. Probably sooner. Practically as soon as you make money when you are 18 and she wants anything and you say "no".

What you can do legally: If your dad is around, and he is also your guardian (legally responsible for you), then you can sell the XBox to your dad for one dollar, and he can lend it to you. If you trust him to do that. If he and your mother are both guardians, then she cannot prevent the sale, and she cannot prevent him from lending it to you. Otherwise, you can do the same with the parents of a good friend who you trust - you wouldn't have the legal rights, but the friends parents can claim it and she would have to go to court to get the XBox, which she likely won't do. (So that would be a complete bluff).