DIVIDING WEDDING GIFTS IN A DISSOLUTION OF MARRIAGE PROCEEDING IN NASHVILLE, WASHINGTON COUNTY, CARLINVILLE, MACOUPIN COUNTY, ILLINOIS

DIVIDING WEDDING GIFTS IN A DISSOLUTION OF MARRIAGE PROCEEDING IN NASHVILLE, WASHINGTON COUNTY, CARLINVILLE, MACOUPIN COUNTY, ILLINOIS

WHEN PARTIES ARE MARRIED, IF THEY MAY RECEIVE WEDDING GIFTS, THERE MAY BE A QUESTION AS TO HOW TO DIVIDE THOSE WEDDING GIFTS UPON THE DISSOLUTION OF MARRIAGE.

IF THE WEDDING GIFT WAS SOLELY GIVEN TO ONE OF THE PARTIES, BUT NOT BOTH, AND IF THAT WAS THE INTENT OF THE DONOR, THEN IT MAY BE NON-MARITAL PROPERTY OF THE DONEE.

IF PROPERTY WAS GIVEN BY A DONOR, WITH THE INTENT THAT THE DONEES BE BOTH PARTIES GETTING MARRIED, SUCH THAT BOTH PARTIES WERE DONEES, THEN SAID GIFT MAY BE NON-MARITAL PROPERTY OWNED BY BOTH DONEES, SINCE SAME WAS ACQUIRED PRIOR TO MARRIAGE AND NOT AS A RESULT OF BEING EARNED OR ACCUMULATED DURING THE COURSE OF THE MARRIAGE.

THERE MAY BE A PRESUMPTION THAT THE GIFT, IF NON-MARITAL, TO BOTH DONEES, MAY BE OWNED 50% BY EACH DONEE AS THE DATE OF THE GIFT, EITHER IN-KIND OR AS A MATTER OF EQUAL VALUE IF SAME CANNOT EASILY BE DIVIDED.

Blake Behme Gilbreth Links, P.C.