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Gifts case law

  • boddersgill
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  • New Member
02 Jan 08 #9811 by boddersgill
Topic started by boddersgill
On this site there are several references to gifts of money not being classed as matrimonial assets where the receiver just kept them in a savings account. At a hearing recenly at a local court the judge insisted they were matrimonial assets so I am going to appeal but would like to know if there is any case law or guidance to back this up?
Any feedback welcome.

  • Fiona
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02 Jan 08 #9814 by Fiona
Reply from Fiona
Are you sure the references are not about Scotland where gifts and inheritances are not considered a matrimonial asset? In England & Wales the issue isn't quite so clear cut and depends on the individual circumstances of the case eg if there are sufficent other matrimonial assets to meet the needs of both parties, length of marriage, when the gift was acquired, judges discretion etc.

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