Snellville, GA asked in Family Law for Georgia

Q: In a marriage, if the wife has a money gift from her parents, does his husband has the right to claim for it?

Their marriage is lasting 21 years. The husband is the bread earner of the family. The wife works part-time and a stay home mom for three boys. They have a joint account to put husband earning in and withdraw for family spending. The husband always proud and claimed he eared every penny for the family; also never appreciated his wife's contribution. The husband is very controlling to his wife and rude to his wife's parents. Recently, the husband claiming that the wife's gift money from her parents should be shared. Or, the wife must contribute evenly to the husband for family spending. Or, the husband will stop to put his earning on their joint account.

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2 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: A gift given to the wife and kept separate from joint accounts is not marital property and cannot be claimed by the Husband.

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Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: If she has kept the gift separate it won’t be considered marital assets. That doesn’t, however, mean that he won’t try to do something like stop putting his earnings in their joint account. This kind of comes down to how much you want this monetary gift to impact your marriage. While you mentioned that things haven’t been great, you didn’t say you were planning to divorce him. If you decide to take that route be sure to consult with an attorney for guidance.

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