Can I return gifted money outside of my divorce? Would it cause problems in my divorce? We have not been married for very long, and I would like to return the money to my parents, who were the ones who sent it.
Let me begin by stating that I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state, but I can provide you with general tips in divorce.
This can actually be a somewhat tricky issue to clear up. Here in Ohio, that money you received from your parents may be considered a gift that you both received, and you would each have a claim to half of the gift. That being said, there would not be anything to prevent you and your spouse from reaching an agreement to return the money if you both felt that was the right thing to do.
Even though your marriage is not what we would typically consider a “long term” marriage (20 years or more), that does not mean that there will not be a number of issues that need to be sorted out.
Given the issue you outlined above, and the general difficulty of divorce, it would be a good idea to contact a Cordell & Cordell attorney in your state, who would aggressively represent you in your case and push to get that money returned to your parents.
Dan Pearce is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell Planning Partners. He has written countless pieces on MensDivorce.com, detailing the plight of men and fathers going through the divorce experience, as well as the issues seniors and their families experience throughout the estate planning journey on ElderCareLaw.com. Mr. Pearce has managed websites and helped create content, such as the Men’s Divorce Newsletter and the YouTube series, “Men’s Divorce Countdown.” He also has been a contributor on both the Men’s Divorce Podcast and ElderTalk with TuckerAllen.
Mr. Pearce assisted in fostering a Cordell Planning Partners practice area specific for Veterans, as they deal with the intricacies of their benefits while planning for the future. He also helped create the Cordell Planning Partners Resource Guide and the Cordell Planning Partners Guide to Alternative Residence Options, specific for seniors with questions regarding their needs and living arrangements.