During a divorce, many have questions about returning gifts received during marriage. Divorce can be a complex and emotional process, often involving difficult decisions about the division of property, assets, and debts. Understanding how Oklahoma law treats gifts in the context of divorce can help clarify this issue.
Understanding Marital vs. Separate Property
Oklahoma follows the principle of “equitable distribution” when it comes to dividing property during a divorce. This means that the court seeks to divide marital property in a way that is fair, but not necessarily equal. To determine how to divide property, it is essential to distinguish between marital property and separate property.
Generally, a court considers any property acquired by either spouse during the marriage marital property. This includes income, real estate, vehicles, and other assets. Examples of separate property include assets acquired by either spouse before the marriage and gifts given specifically to one spouse. Separate property is typically not subject to division in a divorce.
Are Gifts Separate Property?
In Oklahoma, the court usually considers gifts that one spouse receives during the marriage as separate property, provided that the gift was solely for the recipient spouse. However, there are important nuances to consider:
- Intent: The key factor in determining whether a gift is separate property is the intent behind the gift. If the gift was specifically for you, it is likely separate property. For example, if your spouse gave you a necklace as a present, that necklace would typically be your separate property.
- Commingling of Gifts: If a gift “commingles” with marital property, it may lose its separate property status. Commingling occurs when separate property and marital property mix in such a way that it becomes difficult to distinguish between the two.
- Gifts Between Spouses: Gifts given by one spouse to the other during the marriage are generally separate property. However, this can become more complicated if the gift has increased in value or has been integrated into the marital estate in some way. For instance, if one spouse gifts the other a car and the couple uses marital funds to maintain the car, the court may consider the car as marital property.
In most cases, you are not required to return gifts you received during the marriage as long as they are considered separate property. Since these gifts are legally yours, they typically remain with you after the divorce. However, if court determines an item to be marital property—either due to commingling or because it was intended for both spouses—it may be included in the division of assets.
Documentation and Proof
To ensure that gifts remain your separate property, it is essential to maintain documentation and proof of the gift. This could include:
- Written Documentation: Letters, cards, or notes indicating that the gift was solely for you.
- Receipts or Appraisals: Proof of purchase or appraisals showing the value of the gift.
- Witness Testimony: Statements from witnesses who can confirm the gift was for to you individually.
An attorney can help you understand what type of documentation will be most beneficial to your specific case.
Tulsa Divorce Attorneys
In Oklahoma, gifts a spouse recieves during the marriage are generally separate property and are not subject to division in a divorce. However, certain circumstances, such as commingling or the intent behind the gift, can affect the way the court treats the gift. Understanding the distinctions will help you determine what you need to do when it comes to returning gifts received during marriage.
If you have concerns, consulting with a qualified family law attorney can provide clarity and help protect your rights. Contact our team at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or go online to learn more.