Epstein v. Epstein, 734 N.Y.S. 2d 144 (N.Y. App. Div. 2001). Engagement rings are considered to be separate property of the recipient, because of their status as premarital gifts.
Isaacs v. Isaacs, 667 N.Y.S.2d 740 (N.Y. App. Div. 1998). A gift of stock in the family company was compensation and not a gift because an equivalent gift was not given to the spouse’s sibling.
Ciaffone v. Ciaffone, ___ A.D.2d ___, 645 N.Y.S.2d 549 (1996).
Items of jewelry given to the wife by the husband during the marriage were correctly classified as marital property.
McGarrity v. McGarrity, ___ A.D.2d ___, 622 N.Y.S.2d 521 (1995).
Funds inherited by the husband remained his separate property even though he deposited them into the parties' joint accounts, where he made the deposits for the sake of convenience and not with donative intent.
Damato v. Damato, ___ A.D.2d ___, 626 N.Y.S.2d 221 (1995).
Money received from the husband's parents and placed in a joint account was a gift to both parties and hence marital property.
Chase v. Chase, ___ A.D.2d ___, 618 N.Y.S.2d 94 (1994).
The husband was entitled to share equally in the value of the diamond ring which he had given to the wife.
Sclafani v. Sclafani, 577 N.Y.S. 2d 711 (N.Y. App. Div 1991); Wegman v. Wegman, 509 N.Y.S. 2d 342 (N.Y. App. Div. 1986). Gifts given in appreciation for past services or for expected future services that will be provided during the marriage, however, are considered part of the marital estate.
Niles v. Niles, 500 N.Y.S. 2d 208 (N.Y. App. Div. 1990); Bidwell v. Bidwell, 504 N.Y.S. 327 (N.Y. App. Div. 1986). Court agreed with parents who said that although gift check was made to both parties, it was intended only for their child.
Ackley v. Ackley, 472 N.Y.S. 2d 804 (N.Y. App. Div. 1984). Gifts given to both spouses are marital property.
To learn more about gifts in divorce, consult our explanation here.
