If you and your spouse are going through a divorce, then you are certainly
aware of the property division that is approaching. If your divorce will
not be finalized until after Christmas, there may be some complications
with newly purchased Christmas presents.
This is especially relevant when a gift is a "family gift" that
is to be shared by the family. For example, if Grandma buys the family
a trampoline, then this is considered shared property and will need to
be divided at the time of the divorce. In like manner, if someone buys
the family a new T.V., this is also considered shared property.
If possible, it is best to keep all cards that went along with gifts for
this purpose. Therefore, you can bring up the card which declares that
the gift was given specifically to you, or was addressed to your entire
family. Determining who the gift was issued to originally is one step
further in determining who will get to keep it at the time of property division.
If a gift truly was issued to your family, then you will want to try and
settle the argument outside of court. Family gifts are precious and personal,
which is why many couples go through a divorce and want to settle on these
items outside the court. You may want to negotiate with your spouse and
try to come to a reasonable solution. If the gifts have sentimental or
momentary value, then you may be able to argue to this end in an effort
to get the property.
You can start by making a list of items that you are not willing to negotiate.
The items should more less than half the property in your
divorce if you want a chance of keeping them all. When you have finished a list,
you will want to determine whether or not your spouse has the same item
on his or her list, and work from there. Talk with a Los Angeles family
lawyer at the firm today to learn more about how to divide gifts of this nature.