Legal Question in Intellectual Property in California

gift in return for buyout of property

I created a website for myself and added some pages to that site for a friend of mine. There is no argument over who made the site and who it belonged to (i.e. i paid for everything and did all the work) We subsequently bought property together and then had a personal falling out.

In an email to her I said, ''we need to finish up business between us. I will give you the website as a gift and we need to either sell the property or you need to buy me out. (Cash down payment from me was $56,000) It is now 15 months later, she has not bought me out and has refused me access to the properties and of course property values have fallen drastically. Regarding the website, she insists I gave it to her and it is hers. Is this true?

Where can I find information regarding laws about gift giving?

In my mind, the gift was given if she bought me. I also had asked her to pay the hosting fees. She did for 1 month and then stopped. I kept the site up for 1 year and paid the fees but eventually took it down.

Is this site hers?


Asked on 12/13/07, 1:34 am

2 Answers from Attorneys
Timothy J. Walton Internet Attorney

Re: gift in return for buyout of property

You are asking for legal advice. We can only give legal information. In any case, you attorney will need more information in order to best advise you.

In general, a gift may have strings attached.

Is the web site more valuable than the real property?

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Answered on 12/13/07, 11:09 am
Gordon Firemark Law Offices of Gordon P. Firemark

Re: gift in return for buyout of property

You're probably going to need to go to court on this. Get a lawyer... this is not do-it-yourself stuff.

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Answered on 12/13/07, 1:15 pm


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