CHAPTER 55

FORMERLY

SENATE BILL NO. 22

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 15 OF TITLE 13 OF THE DELAWARE CODE RELATING TO THE DISPOSITION OF MARITAL PROPERTY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §1513, Chapter 15, Title 13, Delaware Code by striking paragraph (9) of subsection (a) of §1513 in its entirety and substituting in lieu thereof a new paragraph (9) to read as follows:

"(9) Whether the property was acquired by gift except those gifts excluded by subsection (b)(1) of this section;"

Section 2. Amend §1513, Chapter 15, Title 13, Delaware Code by striking paragraph (1) of subsection (b) of §1513 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:

"(1)Property acquired by an individual spouse by bequest, devise or descent or by gift, except gifts between spouses, provided the gifted property is titled and maintained in the sole name of the donee spouse, or a gift tax return is filed reporting the transfer of the gifted property in the sole name of the donee spouse or a notarized document, executed before or contemporaneously with the transfer, is offered demonstrating the nature of the transfer."

Section 3. Amend §1513, Chapter 15, Title 13, Delaware Code by adding at the end of subsection (c) of §1513 the following additional sentence:

"Property transferred by gift from one spouse to the other during the marriage is marital property."

Section 4. This act shall become effective with respect to petitions for divorce filed on or after May 1, 1993.

Approved June 30, 1993.