ASK ANGIE^TM
By Angela Hallier, Esq.
Answers to your divorce and family law questions

Q My Husband frequently gave me nice jewelry during our marriage for special occasions. Much of the jewelry was very expensive. We are now getting divorced and he wants one-half of the value of the jewelry. Can he claim an interest in the jewelry?

A All property acquired be either you or your Husband during marriage is "community property", except that acquired by gift or inheritance. When it comes to jewelry, the issue of whether an item was a gift or a community investment will turn on the circumstances surrounding the giving and receipt of the jewelry, and sometimes as well on the value of the jewelry in question. The fact you wear the jewelry is not sufficient for a legal finding it was a gift to you. An analysis of whether a gift occurred from one spouse to the other is the same analysis that would be used if the two of you were strangers. There must be a clear intention by one spouse to divest his or herself of any interest in the property, the property must be actually given or "delivered" to the other person, and possession or control of the property by the receiving spouse must occur. Thus, the fact the jewelry was given to you on special occasions is helpful in establishing the legal requirements of a gift. On the other hand, sometimes jewelry or loose stones are purchased as an investment for the community. If your Husband can prove this was true with regard to any of the jewelry in question, he is entitled to one-half of the value of such items.

Q My Wife wanted a classic convertible to drive for fun, so we purchased one for her to drive on the weekends. She picked it out and finalized the purchase without me, paying for it from one of our joint accounts. She also put the title in her name alone. We are now getting divorced and she says the car is hers because she picked it out and is the one who drives it. Is the car her sole and separate property?

A No. The name in which an asset is titled during the marriage does not define whether it is "sole and separate" or "community" property. In your case, the car was purchased during the marriage with community funds, and is therefore presumed to be community property. Community property is divided equally in a divorce. The elements of a "gift" from you to her are not present, and the fact she primarily uses the vehicle does not make it "hers". Therefore, the "presumption" of community property has not been overcome.

It is always advisable to seek the counsel of a qualified attorney who can advise you specifically about your case. The information in this column is provided for general information only in the state of Arizona, is not specific to any one case and does not create an attorney-client relationship between the author and the reader. ©2003 - 2008 Hallier Law Firm PLC

ASK ANGIE^TM is published monthly in Arizona Trends Magazine.