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Indiana Law - Does a Gift To A Spouse Become Separate Property?
A gift from one spouse to another remains "marital" property for the purposes of the
property division.
Example: Blake gives Alexis a 10-carat diamond necklace. A year later, at the divorce,
Blake wants the necklace back. In many states, the necklace would now be Alexis's separate property, and
Alexis would in most cases be allowed to keep it. However in Indiana, the necklace is part
of the "marital pot," and it will be up to the judge to decide what happens to it.
But in Indiana, the necklace is still marital property. The judge may allow Alexis to keep it. But
there is no law urging the judge to do so.
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