If husband's mom gives him a check, is it his money or marital money?

Question

If husband's mom gave him a check, for large amount of money(the check was made out to husband, NOT husband and wife), and said "use it for whatever you want", is this money
considered "joint money", or "husband's money"?
BACKGROUND INFO.....The check was given to husband by his mom, sometime in 2002 or 2003. The husband and wife are getting a divorce now (2006).The wife was upset that her name was not on the check. The husband then deposited that check into our joint account.
At the same time, the wife's parents purchased furniture for house, not the type that husband wanted. Does wife get to keep furniture, or is it split 50/50, or has to be agreed to by husband and wife?

Answer 1

Once it went into the joint account it became shared property

Answer 2

Both items are joint property and must be split 50/50. The wife can purchase the other half of the furniture if the husband agrees to sell it.

Answer 3

Let's just stick with the topic at hand. If the check was made out to the husband, then it's his to do with whatever he feels. This isn't joint money. This is a 'gift' from mother to son. Would she also be upset if he were sent some Aqua Velva and she can't use it? Bottom line is this - it doesn't matter WHAT the gift is, it's from mother to son... period.

As to the furniture, since the in-laws bought it, let her keep it. If you don't like it anyway, why would you want a split? No need to be chickensh!t about it.

Answer 4

I believe that when you ARE married, any money is joint money, cause remember, your in it together. If the husband deposited it in the joint account, that is saying its our money together, hello "joint account".
As far as the furniture goes, if the husband did not like it to begin with, then why and the hell does he want it now. Out of spite? What a jerk. Wifey should keep it, her parents bought it and he if can't even share money with his WIFE, then screw him- Good for you for divorcing him, he sounds like a jerk!

Answer 5

If money was deposited in joint acct, then it's both the husband's and wife's money. Anything acquired during marriage belongs to both parties and should be split accordingly, unless there was an agreement before marriage on who gets to keep what.

Answer 6

First of all it depends on the 2 parties and other lying factors. Technically if she wanted to she could throw a fit over the money and she would have right to 1/2 because it was placed into a joint account in which you weren't seperated, however in doing so she would have to split the furniture in 1/2 as well along with everything else in the house that you obtained while married. Otherwise you may be able to come to a compromise and say ok the money is mine and the furniture is yours let's move on!! When you get married- EVERYTHING becomes joint unless you keep your bank accounts seperate in which yours is yours and hers is hers. When I got married my husband took off with my car for a week and they told me that I couldn't even report it stolen because we were married!!!! EVEN though the car was in my name before we got married.....in fact it was still in my maiden name and I still couldn't report it stolen whenever he took off with it and left me stranded!!

Answer 7

Let the wife keep the stupid furniture. Give her half of the money if it is still in the account. Just pay her off and she will shut up and leave you alone. Women get really nasty when they get the short end of the stick. Especially when they brought more assets into the marriage than what they leave with.

Answer 8

You would need to talk to a lawyer licensed to practice in your jurisdiction who specializes in family law.

Since the check was deposited into a JOINT bank account, I assume that it is highly likely that the money is now marital property. Who cares what the gift giver (husband's mom) intended? It is not her money anymore.

As for the furniture, ask the Judge.

Answer 9

There is this distinction called corporate property or community property. In some states if you give anything to either partner of a marriage, it is given to both. In other states, it belongs to just the person it was given to. Now, if mother gave the now-married child some money to buy some clothes, the intent of the gift commonly rules. If the now-married child was given a gift of money to pay the divorce lawyer, lotsa luck getting half of that to spend on your lawyer.

Answer 10

Since the check was just made out to the husband, it was his money, as far as the furniture you can claim your parents bought that for you and get to keep it.

Answer 11

It's called "Standard Community Property." Anything gained during the marriage is split 50/50.