Marital or separate property




Based on the facts you list the gift was to the two of you, and as such is martial property. Your brother in law’s statement shows that the gift was not made to your husband separately, and further your husband’s actions after that fact seem to show is devious intent to divert martial property.


Thank you, Ms. Clarey. That information helps alot. So, in order to establish that it was his separate gift would something have to have been put in writing to that effect that we were both aware of, or at the very least, should something have been said to me? I’m trying to figure out if he can say they simply told him it was to be his separate gift without saying anything to me about it and that that was sufficient. Thanks for your help!


It would not necessarily have to be in writing either way. The circumstances surrounding the gift are in favor of the same being adjudicated as martial. Competing testimony is common and unfortunately there is a lot of “he said, she said” that goes on in these cases. In my opinion your side of the story is more credible, especially when attention is given to what happened to the car after he “returned it”.


Great. Thanks for your help!


You are welcome. I wish you the best.