Proving the “Separate” Nature of Gifts and Inheritance During an Atlanta Divorce

If you’re approaching a divorce in Atlanta, you might have heard that inheritance and gifts are “separate property.” As a result, you can keep any inheritance or gifts – even if you received them during marriage. But what if your ex claims that these assets are really “marital property?” How can you prove the “separate” nature of your gifts and inheritance? Could an Atlanta divorce lawyer help?

Proving that You Received Gifts During Marriage 

If you received a gift during marriage or at any other time, you don’t have to worry about dividing it with your ex. However, you first need to establish that the donor gave the gift to you specifically. For example, your parents might have given you a vehicle after you graduated from college. Perhaps your aunt gave you a diamond necklace. Whatever the case may be, you should try to find evidence that the gift was addressed only to you.

Why is this important? Because in certain cases, your ex might attempt to argue that the gift was intended for them as well, making it subject to division as “marital property.” This could be particularly problematic in the context of wedding gifts, as many couples receive “shared gifts” after their marriage. In some cultures, cash gifts are extremely common. If you want to keep your gift instead of dividing it with your ex, try to find some kind of note that you received with the item.

For example, you might find an email from your parents specifically stating that a gift was a reward for graduating from college. Speak with your lawyer to discuss what type of evidence might be useful.

Note that if you received a gift from your spouse during marriage, this is technically “marital property.” In other words, only “third-party” gifts qualify as separate property in Georgia.

 Proving That You Received Inheritance During Marriage

Gifts as the product of inheritance should be relatively easy to establish during property division. Estate planning documents like Wills or trusts should contain clear evidence that the assets in question were left to you. You should be able to find copies of these documents, and Wills go on the public record for virtually anyone to access.

That said, inheritance can become complex in the case of “intermingled” assets. This situation occurs when you mix your inheritance with marital property. For example, you might use part of your inheritance for a down payment on a new house. While it is still possible to “retrieve” your inheritance from these intermingled assets, it could be challenging.

 Can an Atlanta Divorce Lawyer Help With Property Division? 

Gifts and inheritance can prove to be complex subjects during property division in Georgia. If you’re struggling with this issue or any other challenge, consider speaking with an experienced divorce attorney in Atlanta. These legal professionals can assess your unique situation, along with any inheritance or gifts you might have received in the past. With assistance from Kaye, Lembeck, Hitt & French Family Law, you can face post-divorce life with confidence.

Sources: 

naag.org/state-gift-laws/georgia-gift-statutes/

carrollcountyga.gov/224/Rules-of-Inheritance