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Massachusetts Law - Does a Gift To A Spouse Become Separate Property? A gift to a spouse does not become that spouse's "separate property" in Massachusetts. Example: Blake gives Alexis a 10-carat diamond necklace. A year later, at the divorce, Blake wants the necklace back. In many states, the necklace would now be Alexis's separate property, and Alexis would in most cases be allowed to keep it. However in Massachusetts, the necklace is part of the "marital estate," and it will be up to the judge to decide what happens to it. Cases: Comins (1992) 595 NE2d 804 (The marriage in this case had lasted 48 years. The wife was 75 and the husband 76. The wife's parents had given the wife a trust, valued at $470,000. The trust had provided both parties with substantial assets and income. The wife had claimed that this trust should not be shared with the husband in the divorce. But the court disagreed. Overall, the court awarded the wife approximately 56% of the couple's assets, and the husband approximately 44%. The variance from 50/50 reflected the fact that the most significant source of the assets and lifestyle of the parties had been gifts from the wife's father.)
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top Massachusetts legal page. Click here for the Massachusetts divorce legal table of contents. | |||||||||||||||||||||||||
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