# Gifts considered marital or separate property?

**URL:** <https://forum.rosen.com/t/gifts-considered-marital-or-separate-property/14085>\
**Category:** Divorce and Separation Answers\
**Created:** [July 10, 2012, 4:20pm UTC](https://forum.rosen.com/t/gifts-considered-marital-or-separate-property/14085 "2012-07-10T16:20:51Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![lawquestions](https://avatars.discourse-cdn.com/v4/letter/l/5f8ce5/32.png) [@lawquestions](https://forum.rosen.com/u/lawquestions)\
**Post date:** [July 10, 2012, 4:20pm UTC](https://forum.rosen.com/t/gifts-considered-marital-or-separate-property/14085/1 "2012-07-10T16:20:51Z")

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Are gifts to minor or adult children considered marital or separate property in regards to ED? What about gifts to the spouse?

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**Author:** ![russ9320](https://avatars.discourse-cdn.com/v4/letter/r/f19dbf/32.png) [@russ9320](https://forum.rosen.com/u/russ9320)\
**Post date:** [March 8, 2013, 6:42pm UTC](https://forum.rosen.com/t/gifts-considered-marital-or-separate-property/14085/2 "2013-03-08T18:42:05Z")

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In NC anything given as a gift is not considered maritial propery. I know this because a friend of mine was willed a house while he was married. The will never specified a wife therefor was considered a gift to just him. His wife tried to get him to sell the house and give her half. The court ordered that it was a gift and not marital property.

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**Author:** ![Mail284](https://avatars.discourse-cdn.com/v4/letter/m/7cd45c/32.png) [@Mail284](https://forum.rosen.com/u/Mail284)\
**Post date:** [March 12, 2013, 4:07am UTC](https://forum.rosen.com/t/gifts-considered-marital-or-separate-property/14085/3 "2013-03-12T04:07:00Z")

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Separate property includes:

Property owned before marriage,  
Inherited property and  
Gifts from someone other than the spouse.