If you are going through a divorce and are concerned about whether you will be able to keep the gifts you received during your marriage, continue reading and speak with a York County, PA property division attorney for more information on your rights and legal options.
What Constitutes a Gift?
Pennsylvania state law recognizes several types of gifts. The first type is interspousal, which is any item given to one spouse by another. Examples include your spouse gifting you jewelry for your birthday or anniversary, surprising your partner with a car on Christmas, etc.
You could also receive a gift from a third party like a friend or family member. For example, if your friend gives you a piece of artwork on your birthday or you inherit money from a relative.
Family heirlooms being passed down from previous generations can also be considered gifts. These items often carry sentimental and emotional value.
Are Gifts Considered Marital or Separate Property?
Pennsylvania is an equitable distribution state when it comes to the division of property during a divorce. An equitable distribution system means that all marital property will be divvied up between the two spouses in a way that is most fair and equitable to both parties, not necessarily in a way that is equal.
The other side of equitable distribution is that all assets acquired during the marriage are automatically considered jointly owned, or marital property. This is true with the notable exception of gifts and inheritance.
If a gift was given to both you and your spouse or given to you with the intention of being used by both of you, it is considered marital property. In addition, even if a gift was given only to you, it can become marital property over time if your partner contributed to the item or property financially or otherwise.
Gifts received by one spouse during the marriage that were not commingled with marital property can be considered separate property by a court.
Can I Keep Gifts During My Divorce?
Whether or not you can keep gifts that you received during your marriage in your divorce depends on whether the court deems them marital or separate property. This will be determined by examining who gifted you the item, how it was given, the nature and intention of the gift, and how it was treated and handled throughout your marriage.
A gift from your spouse will likely be considered marital property, as will any item that you gifted them. However, an heirloom or sentimental gift will generally be considered separate property, given that it was passed down to only you. However, if an heirloom was gifted to you and your spouse as a couple to use in your home, the item will likely be viewed as jointly owned and subject to property division.
Gifts from a friend or family member that were clearly intended for you alone can be considered separate property and you may be able to keep them even after your divorce. However, you may face problems if the gift was comingled with marital assets. For example, if the gift was money and it was deposited into a joint bank account or a gifted property was used as the marital home, the property may be subject to equitable distribution.
For more information and skilled representation reach out to an experienced family lawyer today.
