QUESTION
Does gifts from parents become marital property that the husband or wife must share with each other?
Asked on Mar 04th, 2013 on Divorce - California
More details to this question:
Does gifts from parents become marital property that the husband or wife must share with each other?
14 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It depends who the gift was given to, the couple, then yes, an individual (e.g. one spouse) then no unless the spouse did something to make it a marital property.
Answered on Mar 06th, 2013 at 2:16 PM
Family Law Attorney serving Rogers, AR
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Wright, Lindsey & Jennings LLP
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Gifts a husband or wife receive from his or her parents would typically be treated as separate property, rather than marital property; however, if the husband or wife changes the manner in which the property is titled, then it could impact the nature of the property. For example, if husband receives a gift of land from his parents and it is deeded to husband, individually. If husband decides he wants to put the land in both he and his spouse's name, he may have altered the nature of the property, changing it from separate to marital. If spouses wish to maintain a gift as separate property, the nature of the property should be held separately from marital property; otherwise you risk commingling the separate property with marital property and it could be divisible in any future divorce.
Answered on Mar 06th, 2013 at 2:15 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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That depends on to whom the gift is made. Under Washington community property law, if the gift is made to one spouse; the gift is the separate property of that spouse. If the gift is made to both spouses, then it is the property of both spouses. Whether made to one or both depends on the facts (e.g., a gift letter to "John & Mary" or just to "John").
Answered on Mar 06th, 2013 at 2:15 PM
If the gift is a joint gift then it must be shared. However, if a gift is given to one party by their parents that is their separate property and need not be shared with their spouse.
Answered on Mar 05th, 2013 at 1:48 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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A gift given to both parties becomes the joint separate property of the parties. I suggest you hire a lawyer.
Answered on Mar 05th, 2013 at 1:48 PM
Gifts to a person are that persons separate property unless the gifts we to both husband and wife.
Answered on Mar 05th, 2013 at 1:48 PM
If the gift was made to one party and not to the couple then it is the property of that party
Answered on Mar 05th, 2013 at 1:47 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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That totally depends on the intent of the parents and will necessarily depend partly on what the gift is.
Answered on Mar 05th, 2013 at 1:47 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Not if it is as maintained as separate property. That means if it is money, it goes into an account in just the name of the recipient, not both parties.
Answered on Mar 05th, 2013 at 1:47 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If the gifts were given to both parties they are community and should be shared.
Answered on Mar 05th, 2013 at 1:47 PM
Dennis P. Mikko
Whether the gift becomes marital property depends on what the parties do with the gift. If the gift is kept segregated and separate from the marital estate, an argument can be made that it has remained separate property. However, if the gift has been comingled with other marital property, it most likely has become part of the marital estate. An attorney can provide you with additional advise after reviewing all the facts of your case.
Answered on Mar 05th, 2013 at 1:46 PM
John Arthur Smitten
A gift from a third person to a particular spouse and not both is the non marital property of that person
Answered on Mar 05th, 2013 at 1:44 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally yes
Answered on Mar 05th, 2013 at 1:43 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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In California, property acquired by gift or inheritance remain separate property unless commingled with community assets to the extent that they cannot be traced.
Answered on Mar 05th, 2013 at 1:43 PM