- Gifts between spouses
These were prohibited, not only between the spouses, but among all members of the two families. Where such a gift was made, the transaction was void and the gift remained in the ownership of the donor. This prohibition did not apply:
. In the case of a present involving moderate expense only.
. In the case of customary gifts. A senatusconsultum in the time of Caracalla enacted that such a gift should be revocable during the marriage, or if the donee died before the donor, or if the marriage were dissolved by diverce.
. In the case of a gift for maintenance.
. In the case of gifts made in contemplation of divorce or death, to take effect in those events.
Note: Where there was a question as to the source of particular property possessed by the wife, the praesumptio a presumption (in absence of proof to the contrary) that it had been given to her by her husband.
- Donatio ante Nuptias (Gift before marriage)
This took the form of a settlement on the wife made by the husband and intended as his share of the expenses of the marriage. So that the prohibition above might not take effect, the donatio was made before the marriage. On the husband's death, or in the case of divorce without fault on the wife's part, the donatio passed to her. If there were children, they received the ownership of the donatio and the wife received a usufruct in it.
