Legal Question in Family Law in New Jersey
Gifts between spouses
I was married 16 years. My husband filed for divorce. He now has made up a list of items he wants including gifts he gave me during the marriage. He has also asked for items I paid for from my savings accounts. We had separate accounts the entire marriage. He only contributed toward his living expenses. Does he have any rights to these items since he never paid a dime for anything? What is the New Jersey law say about gifts and equitable distribution?
2 Answers from Attorneys
Re: Gifts between spouses
The general rule is that gifts made between spouses during the marriage are not subject to equitable distribution. Sometimes, however, it is difficult to prove what is a gift and what is not a gift.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
Re: Gifts between spouses
Do you have an attorney? Without one, it may be tough to get what you want. I see no reason to get one since it is not that expensive. If you can't afford one, then the items you are fighting about cannot be that expensive. I suggest you at least meet with some as many of us, such as myself and almost all of us on this site, have free consultations.
Feel free to call me at 732/247/3340 if you have any other questions.
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