Questions: What is an “inter vivos” gift? Can you make a car such a gift if you keep your name on the title of the car?
Answers: “Inter vivos” is a Latin term meaning between the living. A presumption arises that the donor did not have donative intent to make an “inter vivos” gift with their name still on the title, but the donee can overcome this presumption by demonstrating evidence of the donor’s donative intent.
A valid “inter vivos” gift occurs when each of the following is present: (1) the donor is competent to make the gift; (2) the donor intends to make a gift; (3) the gift is completed with nothing left undone; (4) the property is delivered by the donor and is accepted by the donee; and (5) the gift is immediate and absolute. Once delivery and acceptance of an inter vivos gift occurs, the gift is irrevocable and a present title vests in the donee. Note, to make a valid inter vivos gift, there must be both an intention to give and a stripping of the donor of all dominion or control over the given thing and a change of title must be irrevocable. Thus, it is the delivery of the automobile itself with donative intent that conveys ownership. Although, the failure of the donor to convey the certificate of title casts doubt on the donor’s intent, the donee may overcome such doubt by demonstrating some other clear and convincing evidence of donative intent.