You know that you will have to split up shared property when you get a divorce, but what happens to gifts? If something was given to just you, your spouse shouldn’t get to try and claim it as their own. A Peoria County marital property division lawyer can help you fight for a fair agreement that fairly divides up your stuff and protects the property that should only belong to you.
Are Gifts Considered Separate Property?
Gifts are often considered separate property. If they are given to just one person and that is made clear, your spouse should not have any claim to it. This can also apply to an inheritance. If a parent or another relative left you money or property and your spouse was not mentioned, then it’s a gift that belongs only to you.
When Can Gifts Be Considered Marital Property?
There are some cases where gifts can be considered marital property. If you give your spouse something or they give you something, there can be a credible claim made that the gift was marital property. It could also be argued that a present given to both of you would be considered marital property and subject to the property division process in divorce. So if someone gave something expensive, like furniture, electronics, or a vehicle, to both of you, that could be seen as shared property.
You could also turn separate property into marital property by making a costly error. Let’s say someone gives you, and only you, a piece of property as a present or inheritance. You put your spouse on the deed as well. Now it’s shared property and your spouse could ask for it or something of equivalent value.
The same rule would apply to an inheritance or another cash gift. It’s fine if you keep it yourself, but deposit it in a joint account and that can cause some problems. You should always be careful with any presents you receive and do your best not to muddy the waters.
Can an Ex Still Try to Get a Gift or Inheritance in the Divorce?
Of course, your ex could still try to claim a gift or inheritance that they have no rights to in a divorce. It’s important to keep any paperwork relating to an inheritance, like a property deed, vehicle title, and a will that makes it clear who was given what. If the property being argued over was a gift from a friend or family member, then it might be harder to show that it’s a separate property. The giver of this present could testify on your behalf and make their intentions clear though.
Talk to an Attorney
So if you have questions about property division or any other parts of a divorce agreement, contact Butler, Giraudo & Meister, P.C. We can tell you more about how a lawyer from our firm can help you protect your interests and fight for a fair divorce agreement.
