Does my wife have any rights to monetary gifts given to me prior to us getting divorced?

Question

My former wife and I have not lived together for over 6 years. I intend to file for divorce in the very near future. That being said, I just recently was given a monetary gift. Can my ex claim any rights to any of the money?

Gregory Crain · Answer

Depends on the nature of the gift.

Dean Esposito · Answer

Any gift given solely to you is your separate property.

Loren Zahn · Answer

No. Gifts are the separate property of the person who received the gift, regardless of when.

Michael Edwards · Answer

No.

Michael Dehaven · Answer

In Maryland, all "marital property" must be identified and subject to equitable distribution by a court considering a complaint for divorce. Marital property means that property acquired by 1 or both parties during marriage. However, any property acquired before the marriage, acquired by inheritance or gift from a third party, excluded by a valid agreement or directly traceable to any of these sources is not marital property.

Melvin Franke · Answer

No, but a Judge may consider when dividing the assets.

Dennis P. Mikko · Answer

It may depend on how the monetary gift was handled.  If the gift has been kept in your name and co-mingled into marital assets, you have a good chance of keeping all of it.  On the other hand, if it has been co-mingled into marital assets, a court will probably look at is as a marital asset to be divided in the divorce.

Nancy Harkess · Answer

Some property acquired during a marriage is not considered "community" property - that is, it only belongs to the recipient as separate property. Usually, the proceeds from a  personal injury lawsuit, gifts and inherited assets are not considered community property.  However, even separate property that becomes commingled to the point it cannot be separated from the community property becomes community property.

James Lentz · Answer

Hmmm...still married but not divorced even after six years of informal separation.  I will bet you never talked with a lawyer about this.  Not only is she entitled to a share of the "gift", she may well be entitled to spousal support based on the current duration of the marriage, and not on when you separated.  Go to a family law attorney, now.

Michael Dungan · Answer

Strong probably not.  You should keep the funds in a separate account in just your name, do not commingle them with any joint accounts.

Jennifer Hanna · Answer

In Wisconsin, gifts are usually not divisible in a divorce unless not  doing so would cause hardship.  You're probably safe, but it would be a  good idea to consult with an attorney to make sure all the relevant  facts are discussed.

Leonard Schwartz · Answer

No. A gift received by you and kept separate and apart from your wife's assets belongs solely to you in NJ.

Cathy Cook · Answer

No, for two reasons.  First, gifts to one spouse are separate property.  Second, assuming you have been not only physically separated, but also financially separated, whatever each of you has accumulated since separation would be your own.

Glenn Tanner · Answer

She can claim lots of things. You will argue it is separate property and not fair to be given to her or even considered.

Joanna Mitchell · Answer

As long as you can prove it was a gift to you, then it is not marital property. You should consult with an attorney regarding this and any other potential issues that might arise in the divorce.

Robert De Groot · Answer

Property that comes into the possession of a spouse after separation is not considered marital.

Barbara A. Fontaine · Answer

If the money was a gift to you, she cannot claim the money.? Is there something else about this "gift"?

Tina Fox · Answer

If you have not commingled the funds and also depending on how long you have been  Separated, we will argue that she does not have rights to the monetary gift and quite possibly Any other monies. You can call the office to discuss in more details as we do offer free 30 minute consultations.

Harry Roth · Answer

No. Gifts and inheritances received during marriage are the separate property of the recipient.

Barbara Peyton · Answer

Gifts that you received as gifts just for you  not you and your wife - are your separate property and are not subject to division in a divorce case.

Timothy Byrne · Answer

She may but it is not a certainty.

Frances Headley · Answer

Gifts are generally the separate property of the party that receives the gift.  You should consult a family law attorney to review all of the circumstances of the gift.

Clayton Lockhart · Answer

The short "generic" answer is that she can file a claim for any property that was acquired while the two of you are still legally married. Then, once she does stake a claim to it, she will have to convince the judge that the property is considered "marital property" before the judge grants her an interest in the property. And yes, money that you received while you and your spouse were separated may be determined to be "marital property" and the judge orders that she be given a share of those funds.

Gary Russell · Answer

Property, money, etc. acquired during a marriage is generally considered marital property.  Gifts specifically given to only one party and kept separate can be considered separate property. Considering the length of separation and assuming the gift was only to you, then it should fall into separate property. However, the court has the authority to award separate property to the other party. You should have counsel to advise you and help you with the divorce.

Theodora B. Fader · Answer

Gifts given to you separately would be considered your separate property. That being said, the court has authority to award one spouse's separate property to the other spouse in a divorce case, but it is not common.

Robert Merlin · Answer

No. Gifts from someone other than the spouse are legally not marital assets subject to division, so long as you do not change it into a marital asset, such as by depositing the funds into a joint account with her.

Paul Evans · Answer

If the intent of the gift was that it was solely to you, then it is non-marital property. However, if you commingle it with marital property, such as place the funds in a joint bank account with your spouse, then the presumption becomes that you intended it to become marital property. Keep it separate to avoid this issue.

John Kirchner · Answer

In Colorado property owned before marriage or property acquired during the marriage by gift or inheritance is considered "separate property" and is not subject to division along with the "marital property" as long as you don't comingle it with marital property.  (i.e. don't deposit the funds into joint account).  In the divorce case you will have the burden of proving the money was given to you as a genuine gift and not something else.  If you can do that, your wife has no legitimate claim to the money.

Erin Farley · Answer

Absent being included in income calculations for support purposes, income subsequent to separation is the separate property of the recipient.

James Weiner · Answer

Since you are separated long term it should not be a problem. However, to be safe, I would keep the gift entirely separate if it is money and not comingle it with your everyday funds and you should be able to claim it as separate.

George Seide · Answer

This advice does not establish an attorney client relationship. That may be accomplished only by a written agreement.  If they were true gifts and not commingled with community funds, they are your separate property and she has no claim to them.

Tres Porter · Answer

No, not if the gift was solely to you and as long it is truly a "gift" and not a disguised form of compensation for your time skill or labor.

Monica H. Donaldson Stewart · Answer

Generally speaking, a gift is considered sole and separate property, and therefore not subject to division in a divorce.

Gregory Graf · Answer

Gifts are not marital property unless you jointly title the gift.  For example, if you receive a $1,000 cash gift and put it into an account in your name only it remains separate property.  If you place it in a joint account it becomes marital property.

Steven Alpers · Answer

Money or property earned or given to you as a gift after the separation are separate property. Separation is living separate with the intention to get divorced so the sooner the better to avoid future confusion.

Austin Hirschhorn · Answer

If you keep the money in a separate account in your name only, she should not be able to assert a claim that the money is marital property that she is entitled to share in particularly in view of the fact that you have not lived together for over 6 years and just recently received the gift.

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Does my wife have any rights to monetary gifts given to me prior to us getting divorced?

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