Will My Gifts Be Divided Up With Other Property in a Divorce?

Will My Gifts Be Divided Up With Other Property in a Divorce?

gifts in divorce

Will My Gifts Be Divided Up With Other Property in a Divorce?

When you divide up property during your divorce, some of the gifts you and your spouse have received could be divided up too. What determines whether or not gifts are subject to the property division process? There are a few important considerations that need to be made here, and if you have any questions you’ll want to speak to our Chatham property distribution attorneys. We can tell you more about how gifts are viewed by the court and what you may need to do to keep your property.

What Happens to Gifts Spouses Gave To Each Other?

Usually, people assume that they can keep gifts that were given only to them. If it was not explicitly a gift for the couple, a gift given to you should be yours to keep. This is generally true, but there are some important exceptions to consider.

The most notable exception is any gift given from one spouse to another. It does not matter if it was a gift meant just for one person. It’s marital property because it was a gift from your spouse during your marriage. This means that jewelry, electronics, clothing, and vehicles you have gifted to each other could all be on the table when the property distribution process takes place.

If you want to keep a gift that was given just to you, you must show that it was given to you by a third party. If you can show that something was given to you and only you by a friend or family member, then it is likely to be considered separate property.

Can Separate Gifts Be Mixed With Marital Assets?

In some cases, separate gifts can end up becoming marital property if you are not careful about how they are dealt with. If one member of a couple receives a check from their family that is only made out to them, that is their property. If they deposit it in their joint account that they share with their spouse, now a case can be made that this money is marital property.

You can also complicate matters if you take a gift and put it in your spouses name. For example, you inherit a property and home from a relative who has passed away. Their will makes it clear that this is a gift just for you, it just happens that you have a spouse who will also use the property. If you put your spouse’s name on the deed, then it’s likely to be considered marital property even if the gift was only meant for you originally.

Contact a Family Lawyer

If you want to learn more about how property can be divided and what could happen to gifts that you and your spouse have received, talk to an experienced family attorney. Contact Lazor Rantas, PC and schedule a consultation today.

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