Legal Question in Family Law in Kentucky

Marital Property or not?

The parties have been married for 7 years. In the 4th year the husband bought a diamond necklace for $5,000. which he gave to his Wife on Valentine's Day. She wore it to dinner that night and on several other special occasions. On the couple's 6th anniversary the Husband purchased a Jackson Pollack painting for $10,000. The husband came home with the painting and a bottle of champagne to celebrate. The painting was hung in the living room of the couple's home. The parties have recently filed for divorce. The wife is claiming that the husband gave the 2 items to her as gifts and that the court should award them to her alone as her separate ''non- marital property''. The husband is claiming that the items are ''marital property'' and as such the court should divide the property between the parties.

What is the proper phrasing of this cases issue and rule of law?


Asked on 11/16/03, 8:36 pm

1 Answer from Attorneys
John Faust Faust & McCarthy

Re: Marital Property or not?

Hello,

With the kind of assets involved here, BOTH parties should be represented by competent counsel. Call the Bar Assocition in Frankfort, or search the web for a member of the Matrimonial Lawyers Association near you.

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Answered on 11/17/03, 5:33 pm


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