Is jewelry an asset in divorce
Normally, valuable assets obtained during a marriage are considered marital property, and that would be the case if you purchased jewelry for yourself.Deciding whether jewelry is marital property could be a difference of thousands of dollars in your divorce.What happens to jewelry during a divorce depends in part on how the jewelry was obtained.Precious metals and jewelry represent stable investments in the eyes of select couples.Under tennessee law, only marital property becomes subject to equitable distribution.
This breach of fiduciary duty often occurs when one spouse sells the asset to a friend or family member for little value.Additionally, make sure that if the intent is for each spouse to get, say, 50% of a retirement account's assets, the divorce decree (and qdro) state that percentage instead of a dollar amount.Whether given as a gift or not, jewelry is part of a woman's marital estate and is often counted as an asset.Still, the law clearly states that property, funds, jewelry, and other assets a party obtains within the marriage period, are property of the spouses participating in the current marriage.Depending on the state, jewelry received as a gift post marriage can be considered marital property.
When assets and finances are being analyzed, valued and divided, it can leave couples questioning one another, which can escalate into more intense discussions and arguments.If you want to win this battle, it's important to provide proof.In general, property acquired by gift will be the separate property of the person receiving the gift.That said, one of the primary considerations often becomes defining what constitutes marital property.Most all, jewelry is usually a gift.
Typically, the most common types of assets divided in a divorce include family homes, personal property such as jewelry, or intangible property such as retirement benefits, dividends, and income.The court will also take into account the couple's marital debt , however, which means that if either spouse acquired debt, the court will order.The legal definition of an asset in a divorce is anything that has a real value.