QUESTION
If someone is married and you gave them a car for a gift if they divorce do they have to give it to their spouse?
Asked on Dec 07th, 2012 on Divorce - California
More details to this question:
If I gave my son a car as a gift and he is getting a divorce - does that mean he can keep it or do they both have rights to the car that I gave as a gift?
13 ANSWERS
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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A gift is not considered to be community property. It is the sole and separate property of the spouse to whom it was given. That means, it does not get factored into the division of property during a divorce. The party just has to be sure he or she can prove that it was in fact a gift.
Answered on Dec 11th, 2012 at 4:00 AM
Alex Troyb
Unfortunately, the answer to this question will depend on your jurisdiction and the circumstances of your case. For example, in Connecticut the court will look at a number of factors enumerated in the Connecticut General Statutes to make a determination with regard to property distribution. One of the factors is going to be timing - did you gift this car before your son's marriage, or during the marriage? In addition to this, the court will look at a host of other factors to determine what property distribution would be "equitable." I would suggest that you contact a local attorney familiar with divorce law if you are concerned. This, of course, assumes that you already gifted the car. If not, you may be able to make arrangements to ensure that your son keeps the car in the event of a divorce.
Answered on Dec 10th, 2012 at 1:40 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If you gave the car only to your son, it is his property. However, if he had to make payments on the car during the marriage, it is a mixed asset - part marital and part separate.
Answered on Dec 10th, 2012 at 1:40 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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A gift becomes separate property of the person who receives it. The court cannot take separate property away from the owner.
Answered on Dec 10th, 2012 at 1:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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When you give a gift to title transfers, therefore do your son's car.
Answered on Dec 09th, 2012 at 9:06 PM
It depends on who you actually gave the "gift" to, was it to your son or was it to the two of them, as a couple. If it was for the two of them, then it was a marital gift to the couple.
Answered on Dec 09th, 2012 at 8:51 PM
Gifts are generally considered to be separate property and should not be awarded to the spouse.
Answered on Dec 09th, 2012 at 8:40 PM
The gift you gave to your son is his separate property.
Answered on Dec 09th, 2012 at 8:19 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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He can claim it as separate property as a gift. However if wife used the car she may have a claim to the car or to something else. Consult with an attorney to discuss these issues fully.
Answered on Dec 07th, 2012 at 10:28 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Gifts are the separate property of the receiver.
Answered on Dec 07th, 2012 at 10:27 PM
Gifts to a married person are the recipient's separate property under Missouri law.
Answered on Dec 07th, 2012 at 10:26 PM
Family Law Attorney serving Los Angeles, CA
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Hammers & Baltazar, LLP
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Any asset received by a married person by gift during the marriage is that person's separate property and the other spouse has no right to it in a divorce under most circumstances. There are a few exceptions such as if your son gave her an interest in the car in writing.
Answered on Dec 07th, 2012 at 10:26 PM
If at the time the gift was made it was made clear that the gift was to him alone, then the gift is is separate property and not an asset to be divided upon dissolution.
Answered on Dec 07th, 2012 at 10:25 PM