Legal Question in Family Law in Virginia

Are birthday and Christmas gifts between spouses marital property. Or are they yours to keep after separation?


Asked on 9/08/11, 4:08 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Yes, yours truly to keep forever and not marital property to be shared between

separating spouses (in my opinion).

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Answered on 9/08/11, 7:02 am
Michael Hendrickson Law Office Michael E. Hendrickson

Correction: A fellow member of the Virginia State Bar who also very

competently responds to questions in this forum, has informed me that

per Va. Code Sec. 20-107.3 1.(ii), gifts from spouses to each other are in

fact not considered separate property under Virginia law and apparently are

considered as such only if they come from sources other than the other

spouse, i.e., "gift from a source other than the other party".

I stand corrected on this issue and appreciate the gentleman's bringing it to my attention.

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Answered on 9/08/11, 10:15 am


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