Our daughter is getting a divorce. She is in the U.S. Army. When she moved her furnishings from our house, where she was living, we gave her all the furniture in her room. Can we back-date a Declaration of Gift that will allow her to keep these furnishings as her own in the divorce?
Whoa!!!! "back date" is a four letter word and DANGEROUS! Never forge or back date any legal document uless you are looking for lots of trouble. Get a good divorce lawyer for your daughter, one that has a reputation of helping and resolving cases, not making them into more than they have to be. The best way to get that type of recommendatino is from other lawyers who work with divorce lawyers. If you have no lawyer contacts, ask a financial planner or accountant. Don't start with the yellow pages.
Also, really consider what you're fighiting over. The furniture was a gift, and your daughter should say so. Under many state laws (but you MUST get a local divorce lawyer to help you) gift assets remain the property of the person who received them, the "donee", in this case your daughter. That being said, don't create more emotional turmoil for your daughter over property that is in te scheme of life not that significant or valuable. Certainly pursue what is yours, but if furniture is the biggest issue in this divorce count that as a blessing. That's much easier to walk away from then a child!. Help your daugther get through it as quickly as possible. If she's in the army she probably is young and has her whole life ahead of her. Don't get stuck in this. Sorry if this is not the legal answer you wanted, but sometimes the correct legal answer can cause more damage then good. Good luck.
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