Can my husband request my jewelry at the divorce?
I'm considering a divorce from my husband, and he gave me some golden jewelry as gifts for my birthday, our wedding, etc.. Does he have a right to request them back during the divorce?
Property given to you prior to marriage would be considered separate property. Additionally, a gift is also generally considered to be separate property.
The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice.
To add to the helpful information provided by Attorney Doland, gifts that you received before your marriage are considered your separate property, meaning they belong to you alone.
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Absent other facts, gifts are not normally community property.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Family Code Section 760 states, "except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property."
Furthermore, California Family Code Section 770. (a) Separate property of a married person includes all of the
following:
(1) All property owned by the person before marriage.
(2) All property acquired by the person after marriage by gift, bequest, devise, or descent...."
Additionally, gifts given before marriage are considered to be separate property of the person who received it.
In order for an item to be considered a gift, three elements must exist:
1. The giver's intent to give the item as a gift
2. The giver's actual giving of the gift to the receiver; and
3. The receiver's acceptance of the gift.
So, to answer your question, if your husband gave you a gift before your marriage, or during your marriage, it would still be your separate property. One of the only exceptions to this rule, is if during your marriage, your husband gave you a gift of of clothing, wearing apparel, jewelry, or other tangible articles of personal nature that is used solely or principally by you and that is not substantial in value, taking into account the circumstances of the marriage.
Hope this helps.
great counsel
