Separation and Gifts from Husband

[MrsO]

My husband is seeking a separation... he gifted me a property (no mortgage) and a Car (no finance) for my birthday - i have this in writing

He is now seeking separation and demanding i sell this property (my home) along with our other properties to divide.

Can he do this? I thought a gift was a gift.

 

[GlassHalfFull]

Well, it may have been a gift within the relationship, but in terms of a settlement, property is considered a jointly owned asset. I don't think you would have a lot of success if it went to court.

 

[MrsO]

So my husband really is an ass - not only did he NOT get me a bday pressent or xmas present hes going to take what he 'gave me as a gift'

 

[GlassHalfFull]

Yeah I guess so, if that's the way you want to look at. Or you could also look at it this way. You're lucky you married someone who has that kind of money because you'll probably be entitled to half of it and (reading between the lines, I don't know your situation in enough detail) you'll do just fine financially out of the separation, unlike many people here. Most people in the real world don't get gifted properties for their birthday.