Using gift money received for helping my family through cancer to instead pay for a second residence


My spouse and I are planning to separate in a matter of weeks. Neither of us are currently employed.

We have money in savings given as gifts to us over the past few years as I have battled 2 cancers.

Are there any legal reasons we could not use that gift money to pay for a second residence? How about any ethical reasons? The money was given to us to help with my illnesses. Separating is a different issue and was not planned when received the gifts.


If the monetary gift was intended as a gift for the marriage, then the money would be marital property that you and your spouse could divide and use however you both saw fit and agreed to.

Anna Ayscue

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

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