• 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.

Parents Getting Divorced - Need to Protect My Gifts

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

serendipity5

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

My parents are talking about getting a divorce and my dad has specifically requested that my "mom's jewelry" is divided equally, except that my mom has given me this jewelry years ago. I own the safe deposit box that houses the jewelry and has owned it for years. Does my dad have any legal right to this? There was obviously no proof of my mom gifting this to me...who would of thought they were getting a divorce?

Thanks for any help
 


LdiJ

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

My parents are talking about getting a divorce and my dad has specifically requested that my "mom's jewelry" is divided equally, except that my mom has given me this jewelry years ago. I own the safe deposit box that houses the jewelry and has owned it for years. Does my dad have any legal right to this? There was obviously no proof of my mom gifting this to me...who would of thought they were getting a divorce?

Thanks for any help
What kind of jewerly are we talking about and where did it come from in the first place?
 

mistoffolees

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

My parents are talking about getting a divorce and my dad has specifically requested that my "mom's jewelry" is divided equally, except that my mom has given me this jewelry years ago. I own the safe deposit box that houses the jewelry and has owned it for years. Does my dad have any legal right to this? There was obviously no proof of my mom gifting this to me...who would of thought they were getting a divorce?

Thanks for any help
If your mother gave you the jewelry years ago, then it's yours. Presumably, your mother can confirm that if someone makes an issue of it. You might want her to write a note stating that she gave you the jewelry and when she gave it to you (preferably witnessed) if you think your father will make an issue of it -- just in case something happens to her.

Furthermore, if it's your mother's jewelry, your father doesn't have any say in the matter, anyway. Although I'm suspecting that there's more involved to this story - other siblings who feel left out, perhaps?
 

serendipity5

Junior Member
We're talking about diamond tennis bracelets and rings. Substantial amount of money that my dad will be itching to get his hands on during the divorce. These were all purchased by my mom during marriage and because we're in CA, I'm worried about the burden of proof that she gifted me these items during certain milestones in my life.

No other issues involved...one male sibling who doesn't care... :)
 
Last edited:

nextwife

Senior Member
Not sure. She used marital funds, significant marital funds, to accrue these. If dad had accrued comparable savings, then secretly gifted marital savings of a comparable amount, the act might be vcalled into question, Or deducted from dad's assets during distribution.
 

mistoffolees

Senior Member
Not sure. She used marital funds, significant marital funds, to accrue these. If dad had accrued comparable savings, then secretly gifted marital savings of a comparable amount, the act might be vcalled into question, Or deducted from dad's assets during distribution.
It would be a long shot for the husband to get anything. Married couples are allowed to give gifts to their children during the marriage. The fact that they were given 'for significant milestone's in OP's life' strengthens that argument. The fact that it is referred to as 'Mom's jewelry' indicates that it may have actually been purchased for the mother who then gave it to the daughter. Once again, there's nothing wrong with giving gifts and it would take a fairly unusual set of circumstances for gifts to be ordered returned by the court-or for one spouse to reimburse the other.

I just don't understand why the mother wouldn't simply state that she gave the gifts to her daughter for her birthday, graduation, whatever.
 

Find the Right Lawyer for Your Legal Issue!

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