You may be wondering…

• Is it enough if we just “give” something to each other verbally?

• Does a gift between spouses become part of joint marital property, or remain the separate property of the recipient?

• How can I prevent gifted assets from being split in half after a divorce?

• And what if parents give a gift to one spouse – does it belong solely to them, or to both partners?

Clients often ask me…

1. Does a gift agreement between spouses always have to be in writing?

2. What impact does gifting have on marital property?

3. Can the other spouse later claim that the gift belongs to them as well?

4. How is gifting real estate between spouses handled?

Gifting between spouses in a nutshell

• Written form is mandatory whenever the item is recorded in a public register (real estate, cars, cooperative shares).

• Other movable assets can be gifted verbally, but a written contract is highly recommended for evidentiary reasons.

• A gift from one spouse to the other does not become part of the joint marital property – it remains the recipient’s exclusive property.

• A gift from third parties (e.g., parents) to one spouse is also their exclusive property, unless expressly given to both.

The most common risks and mistakes

• Verbal agreements without evidence – it’s difficult to prove that the transfer was truly a gift.

• Confusion between gifts and marital property – if not clearly documented, assets may be treated as part of joint property.

• Missing written contract for real estate or cars – registries will not process the transfer without it.

• Sham gifting – sometimes gifts are used to circumvent property settlements, which courts can invalidate.

Step-by-step: how to proceed

1. Draft a gift agreement, even if not required by law – it provides legal certainty for both parties.

2. Clearly state the recipient – whether it is just one spouse or both.

3. Precisely describe the gifted item – for real estate, include the cadastral reference.

4. Notarize signatures if the asset is valuable or involves real estate.

5. Register the transfer in public records, if required (land registry, vehicle registry).

Case study

A husband gifted his wife a valuable wristwatch. Everything was agreed verbally, without a written contract. Later, during a dispute over property, the husband claimed it was merely a loan. Since there was no evidence of gifting, it was very difficult to prove that the watch belonged to the wife. A simple written gift agreement would have prevented the conflict.

Why “DIY” can backfire

You might think that downloading a generic gift contract from the internet will suffice. But such templates often fail to properly define whether the property falls into joint marital property or remains exclusive. And that’s the most common stumbling block in divorces and property disputes.

Lawyer’s recommendation

From my experience, I recommend:

• Always have a tailored gift agreement prepared, especially for high-value assets.

• Don’t forget the impact on marital property – deal with it right away, not at divorce.

• If parents are gifting property, make sure the contract names you as the sole recipient, not both spouses.

✅ Checklist

• Do I have a written agreement?

• Is it clear who the recipient is?

• Is the gift registered where required?

• Do I know how the gift affects marital property?

FAQ

Can a gift between spouses become part of joint marital property?
No. If it is gifted to only one spouse, it remains their exclusive property.

Does a gift agreement between spouses need to be notarized?
Not always, but for real estate it is necessary due to land registry requirements.

Can a gift between spouses be revoked later?
Yes, in certain cases – such as ingratitude or financial distress, just like with general gifts.