Marital gifting

I am trying to find out if my wife who purchased a motorcycle for me for my birthday yet titled it in her name if I am able to keep it and can she have me arrested for theft

It is presumed that the motorcycle gift to you by your wife is marital property assuming she used marital funds to purchase it. Since your name is not on the title, you could be charged with a theft offense if you removed it from your wife’s possession. It is best to file an equitable distribution claim and obtain a court order stating that the motorcycle is to be distributed to you.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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