If you are facing a divorce, you may wonder whether you can keep the fits you received during your marriage. Depending on if you kept that property separate, gifts may be subject to equitable distribution. Please continue reading as we explore when you can keep the gifts you received during your marriage in a Massachusetts divorce and how our experienced Bristol County Divorce Issue Lawyers can protect your interests. 

Do I Get to Keep the Gifts I Received During My Marriage in the Divorce?

During divorce proceedings, it’s important to understand that not all assets are treated the same. Marital property, which includes assets acquired during the marriage, is subject to equitable distribution. In contrast, separate property, which includes assets obtained before marriage typically remains exempt from division. However, determining whether a gift qualifies as separate or marital property can be quite complex. Navigating these distinctions is crucial to achieving a fair outcome.

Generally, gifts that are addressed to the couple are often classified as marital property. This can encompass items such as wedding gifts, anniversary presents, housewarming gifts, and other similar offerings. When a gift is given with the intention that both partners will share and enjoy it, the court usually views this gift as jointly owned, meaning both spouses have equal rights to it in the event of a divorce.

When gifts are specifically directed to one spouse it will be considered separate property. Such gifts are not subject to equitable distribution during divorce proceedings. For instance, if you receive a personal gift from a family member that is explicitly intended for you, you are entitled to retain sole ownership of that item. However, you must establish proof that the gift was intended exclusively for you.

In addition, you must demonstrate that it has not been commingled with marital funds, meaning it should not have been mixed with shared funds which could inadvertently transform it into marital property. It’s important to maintain clear boundaries regarding the use and ownership of gifts to protect your rights during a divorce.

How Can I Keep a Gift?

Even if you are confident that your marriage will endure, it’s crucial to take the necessary steps to safeguard your rights to a gift in the event of a divorce. To ensure that the asset remains separate, you should:

  • Keep meticulous records of the gift (details about who gave it to you and when it was given)
  • Maintain official documentation that establishes the gift was intended for you specifically
  • Comply with all legal obligations (paying property or inheritance taxes with separate funds)
  • Refrain from mixing the gift with marital finances (avoid depositing an inheritance into a joint account or adding your spouse’s name to any property deeds)

By following these steps, you can help ensure that you retain your rights to the gift, even if marital circumstances change. If you don’t have a prenuptial agreement, you should consider executing a post-nuptial agreement which will allow you to specify how your assets, including gifts, will be handled during a divorce.

At The Law Offices of Cynthia L. Hanley, P.C. we are prepared to help you fight for a fair distribution of your marital property. Connect with our firm today to discuss your case.