QUESTION
Should a gift be returned if the couple is getting a divorce?
Asked on Mar 05th, 2013 on Divorce - California
More details to this question:
My son is getting a divorce. In better times, he wanted to buy diamond earrings for his wife but didn't have the money. I gave him two diamonds that I inherited to have the earrings made. Can I have them returned to me?
9 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If it was a completed gift it's his and you have no legal right to get them back.
Answered on Mar 06th, 2013 at 2:41 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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A gift to a spouse can be treated as divisible marital property. Meaning that your son could very well be able to get the jewelry back, but he will probably have to give up some dollars or other marital property to get it. Unless, of course, both of the estranged spouses wanted to behave like grown-ups. Some do; some don't.
Answered on Mar 06th, 2013 at 2:40 PM
No, gifts are the property of the recipient and need not be returned upon dissolution.
Answered on Mar 06th, 2013 at 2:40 PM
A gift, once given, is given. However, if there is something else specific of similar value which she might like that arises from the marriage, there is always a possibility of your son working something out. Of course, if there is great animosity, there is also the possibility of her refusing to discuss the matter at all.
Answered on Mar 06th, 2013 at 2:39 PM
John Arthur Smitten
Definition of gift means you voluntarily fore fit something out of generosity so you have no recourse, none.
Answered on Mar 06th, 2013 at 3:06 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If he already gave them to his wife, it is considered a gift and is her property.
Answered on Mar 06th, 2013 at 2:55 AM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Based on the brief facts presented in your question, it seems that (1) you made a gift of the diamonds to your son; whereupon (2) your son set them in earrings and made a gift to his wife. Under these facts, you have no ownership interest in the diamonds and no legal basis to demand their return. They belong to the wife.
Answered on Mar 06th, 2013 at 2:54 AM
Family Attorney serving Little Chute, WI
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Van Hoof Law Firm LLC
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You cannot require that a gift be returned whether it was to your daughter-in-law or anyone else. You can ask but if she refuses, there is nothing you can do unless the gift was to both parties. Then they can fight it out in the divorce.
Answered on Mar 06th, 2013 at 2:52 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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It sounds like the diamonds were a gift to your son. In that case they are his separate property. You can ask him to return them but he has no obligation to return a gift.
Answered on Mar 06th, 2013 at 2:46 AM