From Love to Litigation: How Valentine’s Day & Other Sentimental Gifts Are Divided in Divorce

Over the course of your lives and your marriage, you have likely accumulated a wide variety of real and personal property – real estate, money, vehicles, jewelry, or maybe an inheritance. But if you eventually decide to move on from your marriage you may find yourself asking the age-old question, who gets what – and why?   

Marital Property vs. Separate Property 

Each and every day, soon-to-be exes all over the state of Ohio find themselves concerned about what property has to be divided in a divorce and what property, if any, is theirs to keep. Under Ohio law, courts label these two concerns, or types of property, as “marital property" and “separate property.” Understandably, determining which of the parties’ assets fall into the “marital” category and which are considered “separate” property can become increasingly difficult in longer marriages, as property and financial assets tend to become intertwined between the parties as time passes.  

In Ohio, “marital property” and “separate property” are both statutorily defined by the Ohio Revised Code, in Chapter 3105. Marital property includes real or personal property that is 1) currently owned by either or both of the spouses and was acquired during the marriage and 2) any interest that either or both of the spouses currently has in real or personal property, acquired during the marriage.¹   

Conversely, a spouse’s “separate property” includes real or personal property that was an inheritance by one spouse by bequest, devise, or descent during the course of the marriage. Separate property also includes any real or personal property or interest in any real or personal property, that was acquired by one spouse prior to the date of marriage.² The distinction between marital property and separate property often presents issues relating to which spouse has the right to retain certain property, assets, or sentimental gifts that were exchanged between the parties during the marriage, when one spouse seeks a divorce.    

Are Valentine's Day Gifts, Anniversary Gifts, and the Like Marital or Separate Property?  

With Valentine’s Day right around the corner, you may be reminded of gifts or gestures you’ve received from your spouse in years past. For decades, couples have planned romantic dinners, enjoyed heartfelt gestures, and exchanged meaningful and sentimental (and oftentimes expensive) gifts – but what happens to those gifts when you find yourself contemplating a divorce or termination of your marriage? Who keeps the anniversary necklace, the designer purse or wallet? What about the expensive tennis bracelet, given to you during a romantic Valentine’s dinner with your spouse at your favorite restaurant?  

A gift of personal or real property from one spouse to the other spouse will also be considered the receiving spouse’s separate property permitted the receiving spouse can prove the gift was given to only the receiving spouse, and not both spouses.³  

Ohio Courts have routinely proclaimed that an inter vivos gift, or gift given between living people, “occurs when the donor [gift giver] executes ‘an immediate voluntary, gratuitous and irrevocable transfer of property’ to the donee” or recipient.⁴   

Unlike an engagement ring which is conditioned on the promise to marry, a gift given from one spouse to the other during the course of the marriage has no symbolic meaning in the eyes of the law. Instead, these types of inter-spousal gifts are often regarded as mere tokens of love and affection demonstrated by the gifting spouse.⁵ 

Unfortunately, many gifts are made for reasons that can sour with the passage of time. Generally, however, completed gifts between two living spouses are both absolute and irrevocable.⁶ The law governing gifts from one spouse to the other – Valentine’s Day gifts included, generally prohibits the gift giver from recovering or revoking the gift, merely because the relationship has gone sour.⁷   

Whether you are already navigating or merely contemplating a divorce, the issue of determining marital from separate property can become complicated. The equitable division of property between two spouses who find themselves in divorce can be intricate. Seeking legal advice from a divorce lawyer to assure that you understand your rights before navigating divorce and the division of your property is always a prudent decision.  

Before Your Marriage Ends, Talk to a Plakas Mannos Divorce Lawyer 

Whether you want to learn more about your rights should your relationship go awry, or you are contemplating the termination of your marriage and need legal assistance navigating unfamiliar territory, our seasoned family law attorneys will guide you through every step of the way. For decades, our team of experienced attorneys have helped their family law clients through every endeavor life has thrown at them. Contact us today to learn more about your legal rights if you find yourself deciding to terminate your marriage.

Meet the Author

Michael  A. John is an associate attorney at Plakas Mannos who focuses his practice on domestic relations, personal injury, and general litigation.