Giving the Gift of Life

The headlines from our American cousins are rarely without the shock factor but I am sure that we were all suitably aghast at the recent case of Dr Batista who requested the return of his donated kidney from his estranged wife, or alternatively, compensation of $1.5m. 

The background to the case is well-reported. 
 
Dr Batista, who is a renowned cardio-vascular surgeon, donated a kidney to his ailing wife to provide her with a new lease of life after having renal problems for most of her life. Invigorated with her new found health, she embarked upon a relationship with her personal trainer and subsequently separated from her husband. Now that they had separated, Dr Batista demanded either the return of his kidney or compensation. It is a headline-grabbing case, but common sense let alone the law dictates that his application was without basis. The donation of an organ is a gift which cannot be retrieved at a later stage. 

This raises questions, however, about other gifts given during a relationship or marriage. If the relationship breaks down, can these gifts be recovered? The answer lies in the nature of the gift, its value and whether the giving was conditional. What about an engagement ring for a marriage that fails to take place? It is often argued that the giving is conditional on the marriage taking place but the reality depends upon what is agreed at that time. It would be both brave and unusual for a man (even a Yorkshireman!) proposing engagement, to stipulate that the ring must be returned upon separation. You can imagine that the response to such a marriage proposal is likely to be somewhat cool! On the other hand, a ring that was a family heirloom handed down over generations is likely to be considered differently by the Courts.

What about other gifts? Jewellery, cars, houses? The answer is clear. If the parties were married, then valuable items are likely to form part of the overall matrimonial assets to be divided upon separation. If the parties were not married and there were no agreed conditions for the return of the gift, then it is unlikely that it will be returned and could be the source of expensive and fruitless litigation. 

It is hard to imagine the Batista situation occurring here. Having said that, advice regarding gifts of other kinds are almost a lawyer’s daily task. It is becoming increasingly important to be precise and clear in all of your dealings, particularly if you are unmarried. To coin a well-known TV advert; ‘Engagement ring £3,000, TV system £2,000, kidney……priceless.’

Carmelita Ardren is a partner and head of Raworths’ family law unit. To contact Raworths telephone 01423 566666 or visit our offices at Eton House, 89 Station Parade, Harrogate, HG1 1HF.

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