I know that my husband of 32 years is planning on leaving me next January when he turns 59.5 years old. I had a very dear friend who gave me some expensive gifts before he passed away.
No, in general any property received by either spouse via either gift or inheritance during the course of the marriage is NOT considered joint marital, or mutual property in Nebraska. Since the gifts were acquired by you during the marriage, however, the initial burden rests with you to establish that they were indeed gifts from your deceased friend; i.e. given to you without any consideration, or value in return. Then, once you have met your initial burden your soon-to-be ex-husband, if he still wanted them to be considered property of the marriage would have the burden to show that they were in fact not a gift to you.
Inheritance is normally not considered to be marital property. Assuming what your received was not money and placed in some joint account, or traded in for something new, such as a car, and can be identified, courts normally award it to the person who received it. Ask your lawyer.
As long as the gifts were to you and you alone, not you and your husband, a court should set those off as your separate property. The problem, as Mr. Coutore mentions, is if the gifts were co-mingled with marital assets. It would be wise for you to consult a lawyer to discuss this issue.
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