To offer an iPhone, you must make sure you are really in love, and that is of course what the husband of this Andalusian couple believed. Given the dates and the amount of the gift, it was probably an iPhone
A gift of love that ended up in divorce
This couple from Malaga got married in 2017 and ten months later, He decided to give her an iPhone as a gift. Concretely, he bought it at Corte Inglés in January 2018 and it cost 1,362 dollars. Four years after the marriage and with a common child, the problems and finally, a judicial separation. During the inventory of property acquired during their marriage, a dispute arises more frequently than one usually thinks.
This iPhone is a personal gift and is not part of the shared property to be distributed, the woman said.
When executing the divorce, the Vélez-Málaga court included the iPhone as a shared asset marriage. The phone was paid for with money from a joint account, even though it was a gift as such for Three Kings Day. The wife argued that The iPhone was a personal gift from her husband and, therefore, it should be his alone.
An iPhone purchased with a joint account belongs to both despite the intention to give it away
The judges concluded that because the money for the phone came from a joint account, it could not be considered a personal gift. So much so that during the trial it was revealed that the loan to buy the iPhone was paid with money from a shared accountsomething they both acknowledged.
Although the wife insisted that the iPhone was a surprise gift, the judges determined that the two spouses probably decided to buy it together because There was no other evidence to the contrary.. The judges of the Malaga Provincial Court determined that the telephone should be considered part of the common property of the marriage and therefore be distributed.
The court ruling made it clear that while loving gestures and gifts are important during marriage, in the event of separationwhat really matters is how those goods were paid for. In this case, the fact that the iPhone was paid for with shared money was decisive for it to be considered a marital asset and not a personal gift. Thus, the iPhone, which was once a symbol of affection, became another object to be divided during the divorce process.
Picture | Freepik
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