Posted by Nydia Streets of Streets Law in Florida Divorce
Are gifts given to a spouse during the marriage considered marital assets? Generally gifts are the separate property of the recipient spouse, excluding interspousal gifts (gifts given by spouses to each other during the marriage). The classification of a gift was an issue in the case Twigg v. Twigg, 2D21-543 (Fla. 2d DCA May 6, 2022).
As part of the parties’ divorce case, the trial court distributed the parties’ marital assets and liabilities. One asset distributed was a vehicle which the court valued at $3,000. It was undisputed that the vehicle was gifted to the former husband prior to the parties’ marriage and that the parties valued it at $2,500. Since the vehicle was being stored on the property of the former wife’s brother, the former husband proposed that it be given to the former wife its value credited her in equitable distribution. The brother was supposed to be performing repairs on the vehicle but there was no evidence that he had done so, and there was no evidence presented that showed marital funds had otherwise been expended on the vehicle. The court classified the vehicle as marital and equally distributed the value between the parties. The former husband appealed.
The appellate court reversed the classification and valuation of the vehicle. It held “The Buick was being stored on the property of the former wife's brother so that he could perform repairs to the vehicle. However, the brother did not perform any repairs to the vehicle, and there was otherwise no evidence presented establishing that marital funds had been expended on the vehicle, which had not appreciated in value during the marriage. As such, the trial court erred in classifying the Buick as a marital asset subject to equitable distribution.” It ordered “On remand, the trial court shall reclassify the Buick as a nonmarital asset, value it at $2,500, and reduce the amount of the equalizing payment owed from the former husband to the former wife by $1,000, the difference between $2,500 and half of $3,000.”
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