What is the law regarding gifts and marital property?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the law regarding gifts and marital property?

I received art prints from my art publisher employer over a period of time as a show of appreciation for helping land a contract for an artist. The artist then became successful and he also gifted me with some of his prints. My wife is claiming this art to be marital property although it was never listed or claimed as compensation on any tax forms. Is it clear to you to be a gift and separate?

Asked on January 4, 2013 under Family Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  Separate property also includes income or property received after separation with no intent to reunite.  A spouse has no claim to the other spouse's separate property.

The art prints you received are gifts and are your separate property to which your spouse has no claim.  Gifts are separate property even if they are received during marriage.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption