• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wedding gift from parents to be split?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Disbelieving

Junior Member
What is the name of your state (only U.S. law)? Florida

My parents give us a beautiful set of China as a wedding gift. We are now divorcing and my husband wants half of the China. We had someone help us prepare the legal paperwork but we didn't address things like China and other wedding gifts. If he pushes for half the China, will I have to get legal representation? If I do, what are my chances of keeping the China given by my parents?
 


What is the name of your state (only U.S. law)? Florida

My parents give us a beautiful set of China as a wedding gift. We are now divorcing and my husband wants half of the China. We had someone help us prepare the legal paperwork but we didn't address things like China and other wedding gifts. If he pushes for half the China, will I have to get legal representation? If I do, what are my chances of keeping the China given by my parents?
How many place settings? :)

Seriously now it is a marital asset...but how long were you married, how much is the China worth, do you have any other assets? The only guys I know that would argue over the China still have their communion money hidden away...so you could always call his bluff and say we'll just have to go to $$court$$ and see what the judge thinks... or maybe we should go to $$counseling$$ for a few months! I think you'd get the China and the silver then :)

Otherwise you could just offer him a couple hundred bucks to buy him out....
 

TheGeekess

Keeper of the Kraken
Traditionally, you get what your family gave the couple and he gets what his family gave. I'd suggest laying claim to something spectacular that his Aunt Brenda gave you two and make him negotiate that. :rolleyes:
 

penelope10

Senior Member
In the future, should your ex husband remarry, his new wife won't want this china around.(Particularly since it was a gift from your family) And I would think, should this issue have to be settled by the court, that most judges will appreciate this.

How long into the divorce process are you two? If you are only into the early stages, it is not unusual for one spouse (or both spouses) to act petty towards something like this. As another poster suggested, perhaps there is something else that the stbx would be interested in retaining...
 
Last edited:

mistoffolees

Senior Member
In the future, should your ex husband remarry, his new wife won't want this china around.(Particularly since it was a gift from your family) And I would think, should this issue have to be settled by the court, that most judges will appreciate this.

How long into the divorce process are you two? If you are only into the early stages, it is not unusual for one spouse (or both spouses) to act petty towards something like this. As another poster suggested, perhaps there is something else that the stbx would be interested in retaining...
Or, she could buy him a copy of the "War of the Roses" DVD and offer to make some pate. :)

(Seriously, this is a great movie for people involved with divorce to watch. It shows fairly clearly how things can get out of hand over stupid details).
 

Ohiogal

Queen Bee
I agree with everyone else -- War of the Roses is where this is going.
However it is a marital asset. And therefore if she gets the China, he gets an item of comparable value. And how long have they been married? 10 days or 10 years? Because if they have only been married a miniscule time, they should return gifts to the givers.
 

Disbelieving

Junior Member
We've been married just short of six years. China service for for eight. Value would be around $320. The only thing we received from his family was a vase from his mother, around $25.00. All wedding gifts were from my family, friends, and co-workers.

Divorce was decided on at the end of January and will be final on the 8th of September.
 

Just Blue

Senior Member
We've been married just short of six years. China service for for eight. Value would be around $320. The only thing we received from his family was a vase from his mother, around $25.00. All wedding gifts were from my family, friends, and co-workers.

Divorce was decided on at the end of January and will be final on the 8th of September.
$320.00 total value or $320.00 per place setting?? Because please tell me you are not going to fight over a 320.00 "china" set??
 

penelope10

Senior Member
LOL, I had an ex that was extremely difficult regarding property settlement (we had absolutely NOTHING of real monetary value). He asked the court for half of the sheets and towels. Man, you could see the steam coming out of the Judge's ears regarding that request. (The judge admonished him for wasting the court's time over something so trivial). Needless to say, the ex walked away without being awarded "his half."

What I would suggest is if there is nothing else of value that your stbx would like, offer to buy him out of his half of the China. (May solve the hassle of going before the court and letting a judge hash this out).
 
China

Looks to me that he thinks that this will really bother you by asking for 1/2 or the china. I would call his bluff alright. Give him ALL the china, let him have it. Make it easy on yourself. Don't stoop to his level.
 

penelope10

Senior Member
Looks to me that he thinks that this will really bother you by asking for 1/2 or the china. I would call his bluff alright. Give him ALL the china, let him have it. Make it easy on yourself. Don't stoop to his level.
Just wanted to add, OP then should be prepared that the stbx WILL take the china. If that is not what the OP truly wishes as an outcome, there are other diplomatic avenues to go down.
 

ariastar

Member
You're arguing over $160 of "china"? Give the guy $160 for the half. Don't bother arguing. It's not like the dishes are worth thousands. Give him $160 for what is technically community property and wash your hands of it.
 

mistoffolees

Senior Member
You're arguing over $160 of "china"? Give the guy $160 for the half. Don't bother arguing. It's not like the dishes are worth thousands. Give him $160 for what is technically community property and wash your hands of it.
Absolutely.

How much do you think you're going to spend fighting over this issue? Certainly many hundreds of dollars. Potentially thousands of dollars. Not to mention that being adversarial will draw the entire process out and cost you (and him) even more.

Either offer him $160 for his half or tell him he can have them if he gives you $160 for your half. Or split them and each take half. You can probably buy replacements on eBay for less than the original cost, anyway.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top