Gifts are supposed to bring joy, but in divorce, they often bring questions.
In this Behind The Case conversation, attorneys Tyler Monahan and Tina Campbell from Turner Monahan PLLC take on a question that surprises most couples: what really happens to the things you give during a marriage? From cars and homes to jewelry and family money, they explore where affection ends and ownership begins.
Tyler says, “If you’re talking about a car or a house, the court is going to look at it as part of the community estate unless there’s clear proof it was meant to be separate.” Tina adds, “It’s extremely rare to have documentation showing that a large asset was meant to be someone’s sole property.”
Then comes the question that no one wants to ask: Can a gift be taken back? Tyler doesn’t hesitate: “There’s really no such thing as taking back a gift.” But as Tina points out, when someone suddenly insists that nothing they ever gave was a gift, “the court might think there’s some ill intent there.”
The discussion stretches further, touching on family contributions, modern assets, and the ways digital value now plays into divorce. Each example adds another layer to the question: what really counts as yours?
Key discussions in this episode:
(00:49) Gifts between spouses
(2:19) What counts as a gift
(3:04) Can a gift be taken back
(4:34) Who keeps the engagement ring
(5:46) Family money and documentation
(7:06) Digital assets and cryptocurrency
(8:07) Gifts that cause divorce issues
(8:50) Prenups and future gifts
(9:33) Protecting large gifts in divorce
Whether you’re giving, receiving, or protecting what matters most, this episode will make you look at every gift a little differently. Tune in now!
If you’re in the Dallas-Fort Worth area and are navigating these issues, Turner-Monahan PLLC offers free consultations to help you take the next step with confidence. Visit tumolaw.com or call 817-332-4477 to learn more.
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Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.