Section 15.3 Property Acquired by Gift, Devise, Bequest, or Descent

• Library: Family Law Deskbook and 2014 Supp

1. (§15.3) Property Acquired by Gift, Devise, Bequest, or Descent

All property acquired separately by gift is nonmarital. This includes property gifted by one of the parties to
the other during the marriage, and it applies even if the gift was acquired with marital funds. For example, anniversary gifts given to a wife by a husband during their marriage are considered the wife’s nonmarital property. Townsend v. Townsend, 705 S.W.2d 595 (Mo. App. E.D. 1986); see also Heineman v. Heineman, 768 S.W.2d 130 (Mo. App. W.D. 1989). Obviously, then, an engagement ring given in contemplation of marriage becomes the nonmarital property of the recipient—even if the marriage lasted only 16 weeks. Smith v. Smith, 797 S.W.2d 879 (Mo. App. S.D. 1990).

The elements of a “gift” in divorce cases are the same as for any other purpose, and, in the event of a dispute, they must be proven:

“(1) a present intention to make a gift on the part of the donor,

(2) delivery of the property by the donor to the donee, and

(3) an acceptance by the donee, whose ownership takes effect immediately and absolutely.”

Id. at 881.

Property gifted...