One who gives and yet retains does not give effectually. Or, one who gives, yet retains, gives nothing.

Explanation

(English-origin maxim.) A purported gift where the giver retains possession or control is no gift at all — delivery must be complete and unconditional to perfect the transfer.

Where this applies

• A father says he is giving his car to his daughter but keeps the keys and continues driving it every day — the gift is no gift at all because he retained control.
• A man signs over the deed to a house but continues living in it rent-free and refuses to leave, so the court finds no effective transfer occurred.
• A grandparent claims to have given a savings bond to a grandchild but keeps it locked in her own safe — the gift fails because delivery was never completed.