Can I Get Back The Gifts I Gave To My Spouse?

Occasionally, a client asks me how gifts that were given to the other spouse during the marriage are divided in a divorce. The answer depends on what was gifted. However, in most cases, the gift is considered the other spouse’s separate property, and is not divided as part of the divorce.

Gifts of tangible personal property (i.e,. your wedding rings) during the marriage are considered the recipient’s separate property. This covers virtually any item other than money, such as jewelry, electronics, vehicles, and sporting equipment.

 If the gift was not tangible personal property, such as money or stock certificates, the property is presumed to be marital property. The recipient must be able to show by clear and convincing evidence that the gift was intended to be separate property to overcome the presumption.

Do you have questions about dividing up your assets? Give Katelyn a call to discuss the specific facts of your case.