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Is jewelry I gave my wife during marriage as gifts a marital asset?

New York, NY |
Filed under: Divorce

Would it matter if I used money withdrawn from a separate account in my name only that I had received as an inheritance from my parents during marriage which I never put in my wifes name.

Attorney Answers 2


With due respect to the other attorney who answered this question, my belief is that gifts given between spouses during the marriage are deemed marital property, subject to equitable distribution in a New York divorce. Gifts received from third parties to either one of the parties to a marriage are deemed separate property, so long as they are no co-mingled with marital property (e.g., deposited in a joint account). Hope this helps.

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Under almost all circumstances gifts given to one are not marital assets.

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