1,663. Disputing the Source of Funds

Hilchos Ishus 22:30

Let’s say that a woman is found to have money or movable property; she claims that it was given to her as a gift but her husband maintains that she earned it and it therefore belongs to him. In such a case, the wife’s word is accepted, though the husband can impose a ban on anyone who makes a false claim. The disputed funds should be used to purchase real estate, from which the husband is entitled to derive benefit of the proceeds. If the woman says that the money was given to her as a gift on the condition that her husband has no say in it, to be used for whatever purposes she desires, then she must bring proof to support her claim because there’s a legal presumption that a husband has the right to the proceeds generated from his wife’s property unless she proves otherwise.

Hilchos Ishus 22:31

If a woman says that it was her husband who gave her the money as a gift, she must take an oath of rabbinic origin to that effect, after which he is not entitled to the proceeds.