A new Supreme Court ruling changes what we thought we knew about property received before marriage
Not every gift is truly “mine alone.”
A recent Supreme Court decision determined that if, over the years, a shared intention between spouses is proven, even an asset received as a gift before the marriage can become joint property.
What does this mean?
An apartment, land, or business received from your parents could turn into the center of a divorce dispute, even if you were sure it belonged only to you.
In the case discussed, a woman received land from her father as a gift before her marriage.
Over the years, residential units were built on that land, the income was deposited into the couple’s joint bank account, and both spouses managed the properties together.
When the relationship ended, the husband demanded half.
The Supreme Court agreed with him, ruling that when the couple’s behavior demonstrates genuine sharing, it is no longer possible to claim “it’s mine because it was a gift.”
What does this mean for you?
If your spouse participated, invested, or benefited from the property, and you did not clearly state otherwise, the court may view that gift as joint marital property.
And it happens far more often than most people think.
The apartment gifted by your parents, the plot you received before the wedding, even the home registered solely in your name — all of these can become complex and emotionally charged legal issues when a relationship ends.
The solution?
A properly drafted prenuptial agreement.
It’s not a sign of mistrust; it’s a sign of wisdom.
It protects you, the parents who gave the gift, and the family harmony we all strive to preserve.
At our firm, we combine legal expertise with a mediation-based approach, helping couples understand their legal and emotional realities in advance and avoid future conflicts in a calm, thoughtful, and respectful manner.
Because sometimes, a gift that isn’t properly protected can become a battlefield.