You know that the property you shared with your spouse will have to be divided up during your divorce, but you should at least be able to keep the gifts that you received, right? Unfortunately, there isn’t always a simple answer to that question. You should be able to keep many of the presents you received while married, but your ex may have a credible claim to some of them. Our Dallas County property division lawyers can help you figure out how to best protect your possessions.
When Are Gifts Considered Separate Property?
Gifts are considered separate property if they are given to just one person. Even if you are married, if a present is obviously and specifically meant for you and just you, that’s your property. Your spouse shouldn’t have a claim to it when you get divorced.
This would also apply to inheritances. If your loved one left you money, a vehicle, real estate, or personal effects, it’s your separate property as long as they made it clear that you are the sole recipient of it.
Can Gifts to an Individual Ever Be Considered Marital Property?
There are some situations when gifts can be considered marital property though. If you gave your spouse a present or vice-versa, that can be considered shared property. It may be considered quite impolite to ask for a present to be given back or split long after it was gifted to someone, but divorces can get messy like that.
You could also make a mistake that results in your separate property becoming marital property. Depositing money you receive in a joint account is one common error. Even if were the sole recipient, commingling the funds with marital assets can make it easier for your spouse to try and claim a part of it. If you have property that you were given, putting your spouse’s name on a deed or title could complicate matters in the same way.
Can an Ex Still Try to Get a Gift or Inheritance in the Divorce?
They can, but it can be difficult if you haven’t commingled funds or made similar mistakes. If you have an inheritance that they want to go after, having the paperwork like the will that clearly leaves the property or money solely to you can be helpful. If we’re talking about a gift from a friend, it may be a bit harder to prove that you were the sole recipient. Testimony from the person who gave you the present might help though.
In any case, our lawyers will do everything they can to protect your property during this process, and that includes any gifts you are trying to hold onto.
Talk to a Divorce Lawyer
So if you are going through a divorce and you’re concerned about getting your property divided up properly, we may be able to help. Contact Iowa Defenders, PLLC to schedule a consultation and learn more about what experienced attorneys can do for you.
