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Ohio Law - Does a Gift To A Spouse Become Separate Property? Gifts from one spouse to the other become the recipient's separate property, unless the giving spouse clearly indicates otherwise. Example: Richard gave Liz a huge diamond brooch for their 4th anniversary during their marriage. At the divorce six months later, Richard wanted the brooch back. But the brooch was now Liz's separate property. Example: Mr. Antwerp was a diamond dealer. He gave a huge diamond brooch to his wife, explaining to her that it was part of his inventory, but it would help business if she would wear it on social occasions. At the divorce, the brooch is marital property, not Mrs. Antwerp's separate property. Section 3105.171(A)(6)(a)(vii). Cases: Pettry (1991) 81 Ohio App.3d 30, 610 N.E.2d 443 (The husband had transferred the house to the wife. Probably the husband's intent was to prevent creditors of his business from reaching the house. However, he never said that, and he never proved that the transfer was anything other than a gift. Therefore, it will be presumed that the house became the wife's separate property.)
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