Legal Definitions - antenuptial gift

An antenuptial gift refers to a transfer of property or assets made by one person to another before their marriage, typically in anticipation of the upcoming union. Unlike a prenuptial agreement, which is a contract outlining how assets will be divided in case of divorce, an antenuptial gift is a completed transfer of ownership. It is given freely and voluntarily, without expectation of repayment or return, and becomes the sole property of the recipient upon transfer.

• Example 1: The Engagement Ring

  Before their wedding, Mark proposes to Sarah and presents her with a diamond engagement ring. This ring is a valuable piece of jewelry that Mark gives to Sarah as a symbol of their commitment and in contemplation of their marriage.

  Explanation: The engagement ring is a classic example of an antenuptial gift. It is a tangible asset transferred from Mark to Sarah *before* their marriage, given voluntarily and without any expectation of its return (unless specific conditions are met, which is a separate legal consideration). Upon acceptance, Sarah becomes the owner of the ring.

• Example 2: Contribution to a Future Home

  A month before their wedding, Emily's parents gift her a significant sum of money to help her and her fiancé, David, make a down payment on a house they plan to purchase together after they are married. Emily then gifts a portion of this money directly to David so he can put it towards the down payment on a property that will be titled solely in his name, with the understanding that she will move in after the wedding.

  Explanation: The money Emily gifts to David is an antenuptial gift. It is a voluntary transfer of funds from Emily to David *before* their marriage, intended to benefit their future life together by contributing to their shared home. David now owns those funds outright, having received them as a gift prior to their nuptials.

• Example 3: Family Heirloom

  To welcome his fiancée, Olivia, into the family, Michael's grandmother gives Olivia a valuable antique watch that has been passed down through generations in their family. This gift is presented to Olivia at a family dinner two weeks before her wedding to Michael.

  Explanation: The antique watch is an antenuptial gift because it is a valuable personal property item given to Olivia *before* her marriage to Michael. It is a complete and voluntary transfer of ownership from Michael's grandmother to Olivia, made in anticipation of Olivia becoming a formal member of the family through marriage.