Who owns wedding gifts

When an inter-spousal deed transfers property into the name of one spouse individually, it may contain language that the property is intended to be the sole and separate property of the recipient spouse. Even in situations where a deed or other evidence exists, there still may be legitimate disputes as to whether the property is the separate property of one spouse, especially if marital funds were used to acquire the property or it was titled in the name of one spouse individually for estate planning or some other purpose.

Equitable distribution matters often can be complex and such matters are best handled by a reputable family law attorney. Regardless of whether you need assistance in tracing a separate asset to its origin, or putting forth the best evidence in support of a claim of separate property, you can count on the family law attorneys at Gum Hillier and McCroskey, P.

This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. I agree to the terms. The short answer to this question is, maybe… Like many areas of the law, the answer depends on several factors.

Separate Property Includes Gifts Per North Carolina Statutes, separate property is property that one spouse acquires before the marriage; one spouse is gifted; or one spouse inherits. Talk with An Attorney Who Understands the Law Clearly, equitable distribution in North Carolina is a complex area of law and determining the nature of certain property, including gifts, can be challenging.

References Equitable Distribution. First Name Please enter your first name. Please enter your last name. This isn't a valid phone number. Desired Recipient? Please enter your email address. This isn't a valid email address.

Are you a new client? Yes, I am a potential new client No, I'm a current existing client I'm neither. Please make a selection. The rules on gifts between spouses during the marriage are less clear. As a general rule, in Georgia, gifts between spouses of property acquired with marital funds remain marital property.

See, McArthur v. McArthur , Ga. This can be significant if, during the marriage, the spouses have purchased and exchanged expensive jewelry or vehicles or other expensive items such as electronics or artwork. See, O. The property in question is the separate property of the receiving spouse the donee if there was a valid gift. To constitute a valid gift 1 a donor must intend to make a gift, 2 the donee must accept the gift, and 3 there must be a delivery of the gift.

The person claiming the gift has the burden to prove the all three elements. The issues of intent, acceptance, or adequate delivery are questions of fact. See, Rector v. Rector , Ga. This presumption could be rebutted if the ring is a special family heirloom. Personal gifts on Christmas or birthdays are generally presumed to be intended as valid gifts and outright transfers. But what about a jewelry or artwork expensive items exchanged on other occasions?