Can My Wife in Maryland Take Back Gifts She Gave Me if We Divorce

In Maryland divorce and family law, a wife cannot get back the gifts she gives to her husband if there is a divorce. Gifts given between husband and wife sometimes becomes a threat in Annapolis, Maryland family and divorce law negotiations leading up to a separation agreement.  If a wife gives a husband a rolex watch.  He loves it. He may well hear that she wants it as part of her property settlement.  Sometimes people do this to be vindictive.  Sometimes they do it to gain some leverage on some under issue.  But, it is not much of a threat unless its value is huge.

In Maryland family and divorce law, Marital property is all property acquired during the marriage except by gift or inheritance from a third party.  Gifts given by one spouse to the other are “marital property.”  They are owned, however, by the recipient of the gift. Gifts are  not jointly owned.  A divorce does not change who owns the property. But…

The value of the gift goes in the equation of who owes what to whom in the property division but the gift giver cannot get it back.  And the burden of proof of its value to go into the equation is on the person who wants to include it.  So, if your wife wants to include the beloved Rolex, your wife has to prove its fair market value.  The fair market value is what it would sell for now, on the open market, not what was paid for it. Often, expert witnesses or appraisals are required if the gift is extremely valuable.

If your spouse is saying she will take back the Rolex watch or the tennis bracelet….well they are just blowing smoke as that cannot happen.