Fresh Start

[nextwife]

Why? Gifts must be able to be boxed to count as gifts?



Hubby and I never give each other jewelry or toys for our anniversary, we often choose a HOME IMPROVEMENT PROJECT. This year it was buying and installing hardwood floors in the LR/DR. We've also done season tickets.

People redo things in homes they don't own all the time because they wish the improvement. She lived there 11 years. Putting money into one's residence during an 11 year stay, without expectation of reimbursment (at the time), is not that unknown.

 

[mistoffolees]

Why? Gifts must be able to be boxed to count as gifts?

Who said that? Please don't put words into my mouth. Heck, I specifically said that the argument COULD be made that it was a gift.

Hubby and I never give each other jewelry or toys for our anniversary, we often choose a HOME IMPROVEMENT PROJECT. This year it was buying and installing hardwood floors in the LR/DR. We've also done season tickets.

People redo things in homes they don't own all the time because they wish the improvement. She lived there 11 years. Putting money into one's residence during an 11 year stay, without expectation of reimbursment (at the time), is not that unknown.

The bottom line is that it's impossible to say how it will be treated without the facts. If the loan and repairs were made after the wedding it will be different than if the loan and repairs were made 10 years ago. The point is that in an equitable distribution state, it COULD BE considered - which is what I've said. Clearly, the court can consider it - and OP should talk with an attorney about it.

If I had said that she would absolutely be able to get the money back, you'd be right to criticize me, but that's not what I said. I said that under the law, it is a possibility - and it is. So back off.

 

[nextwife]

Who said that? Please don't put words into my mouth. Heck, I specifically said that the argument COULD be made that it was a gift.



The bottom line is that it's impossible to say how it will be treated without the facts. If the loan and repairs were made after the wedding it will be different than if the loan and repairs were made 10 years ago. The point is that in an equitable distribution state, it COULD BE considered - which is what I've said. Clearly, the court can consider it - and OP should talk with an attorney about it.

If I had said that she would absolutely be able to get the money back, you'd be right to criticize me, but that's not what I said. I said that under the law, it is a possibility - and it is. So back off.

Those aren't the kinds of gifts that people generally give. That is money that is generally spent improving the marital home. Now, if you wanted to equate jewerly given on Valentine's day with the big screen tv given at Christmas, I would agree.

Misto, I was responding to LdiJ's post which immediately preceeded mine. The post implied that if it were a big screen TV it could be more able to be considered a gift like jewelry. I did not mean to put words in your mouth.

I was responding back to HER post, and stating that a gift need not be a boxible tangible item.

 

[LdiJ]

Misto, I was responding to LdiJ's post which immediately preceeded mine. The post implied that if it were a big screen TV it could be more able to be considered a gift like jewelry. I did not mean to put words in your mouth.

I was responding back to HER post, and stating that a gift need not be a boxible tangible item.

While I understand your theory on this, I still feel that its not very likely that a judge would view that debt specifically related to separate real estate would be a shared marital debt...or even a gift.