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