A gift is not presumed.

Explanation

The law does not presume that a transfer of property was intended as a gift — a gift must be proven by clear evidence of donative intent and delivery.

Where this applies

• A man loans his lawnmower to a neighbor, and the neighbor later claims it was a gift — the law does not presume a gift, so the neighbor must prove with clear evidence that the owner intended to give it away permanently.
• A woman deposits money into her adult son's bank account to help with an emergency, and the son claims the money was a gift when she asks for it back — without clear evidence of donative intent, the law presumes it was not a gift.
• A business partner transfers equipment to the other partner's warehouse for storage, and the recipient claims it was gifted to the partnership — the law requires proof of intent to give, not just proof of delivery.