QUESTION
How are gifts received prior to marriage treated during a divorce?
Asked on May 14th, 2011 on Divorce - California
More details to this question:
Are any gifts I received while married considered to be part of the assets to be divided between me and my spouse?
11 ANSWERS
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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Gifts, as long as they are not co-mingled with community properties assets remain separate property of the receiving spouse. If the item is a tangible object, then there is rarely a problem. Problems arise when money or property are received and then "mixed" with community money or property. Then tracing may be required to retain the separate property character.
Answered on May 18th, 2011 at 12:03 PM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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Depending on where you live, and they type of gift, they are generally separate property in Florida. IE an engagement ring.
Answered on May 18th, 2011 at 11:19 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Gifts, whether received before or after marriage, are considered the separate property of the recipient and are not subject to equitable distribution in a divorce. Frequent issues related to gifts during a marriage often involve deciding whether the gift was to one person or to both spouses and whether, depending on what the item is, it was truly a gift.
Answered on May 18th, 2011 at 11:13 AM
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If you reside in Western Washington, feel free to call me to schedule a free initial consultation-either in person or by phone-about your situation. Depends on how and by whom the gifts were received and what happened to them.
Answered on May 18th, 2011 at 11:01 AM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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In Washington State, the Court looks at both community and separate property (including gifts) when making a fair and equitable division of assets and debts. In most cases however, separate property, including gifts, will remain the separate property of the receiving party.
Answered on May 18th, 2011 at 11:01 AM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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Gifts prior to the marriage are generally considered non marital property so they are generally awarded to the recipient. Gifts during the marriage are generally presumed to be marital property and subject to inclusion into the marital pot for valuation and determination of who gets which item. Your question is slightly more complicated than my general answer but the above is a good starting point for analysis.
Answered on May 18th, 2011 at 10:56 AM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Under Washington law, gifts and inheritances are treated as separate property. However, even separate property is before the court to award as appropriate.
Answered on May 18th, 2011 at 10:18 AM
Theodore W. Robinson
No, gifts received before marriage - if they are completed gifts and not given in contemplation of marriage - are the property of the person to whom they were given, with no claim available to the giftor of the gift. However, if it is an engagement gift, such as the male's mother's engagement ring, given to a woman who the man was going to marry. In that situation, then the mother-in-law-to-be should be given her ring back since it was given to carry on a tradition and could be considered a gift in contemplation of marriage. Good luck.
Answered on May 18th, 2011 at 10:16 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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They are the separate property of the recipient spouse. They are not community property to be divided up between the parties. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answered on May 17th, 2011 at 11:18 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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All assets, separate and community are before the court to be divided. Gifts, if only to you, are usually your separate property and you tend to get back your separate property if a fair and equitable division can be achieved based on just the community assets. Good luck.
Answered on May 17th, 2011 at 11:12 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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First of all, were the gifts received "prior to marriage" or "while married"? You said both. At any rate,gifts to one person, married or not, are separate property, and not subject to division or partition in a dissolution.
Answered on May 17th, 2011 at 11:06 AM