Be careful who you gift to

Gifts

Be careful who you gift to

In a recent case from the Family Court of Appeal, the Court decided that it was a joint contribution by the parties of significant land holdings being gifted by the Husband’s parents.

Ordinarily the gifting of assets from parents has been a one-sided contribution but the Court upheld the primary Judge’s findings that it was a joint contribution in that case as it had been made clear to the parties the land was being gifted in exchange for the parties providing support to the husband’s parents, which they did and the Wife continued to do post separation.

This was an expensive lesson for the Mabb family who whilst initially expressing their intention to gift the land holding to the parties jointly, changed their mind upon separation of the parties, the Husband asserting the land was gifted solely to him and pursuing that case all the way to the Full Court of the Family Court of Australia on appeal.

Mabb v Mabb & Anor [2020] FamCAFC 18.