The Delaware Code defines marital property as "all property acquired by either party subsequent to the marriage." 13 Del. C. § 1513(b). Like most general rules, there are exceptions. Excepted from the definition of marital property are certain items including property acquired "by gift, except gifts between spouses, provided the gifted property is titled and maintained in the sole name of the donee spouse, or a gift tax return is filed reporting the transfer of the gifted property in the sole name of the donee spouse or a notarized document, executed before or contemporaneously with the transfer, is offered demonstrating the nature of the transfer."

So, if husband gives wife a gift during the marriage typically falls within the definition of marital property. Clear enough. What if the children give one parent a present and the purchase was funded by the other parent? The marital or non-marital nature of those gifts may not be so clear.

Consider the case of C.K. v. E.K., 2006 WL 2388868 (Del. Fam. Ct.). Wife had received various gifts from the children during the marriage and she sought to exclude them as non-marital property during the divorce. Examining the facts of that case, the Family Court stated:

The record indicates that the tennis bracelet and Kitchen-Aid mixer were given to Wife as Mother's Day presents. Husband claims that he financed the sale of the Mother's Day gifts for the children although it appears from the record that some or all of the children have reimbursed Husband. The Court concludes that the evidence fully shows that the bracelet, diamond ring and "wrap" ring were given to Wife for her exclusive personal use and enjoyment and, therefore, shall be considered non-marital property. The Kitchen-Aid mixer, although a gift for Wife, is personal property that benefits the household. As such, the mixer is marital property and shall be subject to the two list method of dividing personal marital property. Id. at *6.

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