QUESTION
Is my husband entitled to half of the money my mother has gave me and now in my personal saving account?
Asked on Mar 25th, 2014 on Litigation - Michigan
More details to this question:
I have filed for divorce almost 2 years ago and it's been a long process. We no longer have our homes, one lost to foreclosure and one to short sale. I am being sued for child support of 50% of my wages and my mother has gifted me money to make ends meet. We are currently going through the beginning of divorce trial and I want to know if my husband is entitled to half of that money that is now in my personal saving account.
9 ANSWERS
Gifts are not community property.
Answered on Mar 26th, 2014 at 5:54 AM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
Maybe, maybe not. Talk to your attorney. Generally spouse has no interest in a gift after separation/fining. Exception if the money was placed in a joint bank account.
Answered on Mar 25th, 2014 at 3:54 PM
Thomas Edward Gates
No, the money is personal property and he has no rights to it.
Answered on Mar 25th, 2014 at 2:40 PM
The money received by you since your separation is your separate property. All gifts are the separate property of the recipient unless they choose to commingle the gift with other community assets. You should consult a family law attorney to review all of the facts and advise you.
Answered on Mar 25th, 2014 at 2:40 PM
If you can show that the money your mother gifted you was not intended for the community, then your husband has no right to it.
Answered on Mar 25th, 2014 at 2:31 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
If it was acquired after you separated and was gifted to you, your spouse should have no claim to the money. You need to be able to show what was given to you and when, however.
Answered on Mar 25th, 2014 at 2:22 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
1) you need an attorney.2) a gifts from your mother should not be considered marital property I hope you kept it separate from your other income.3) 50% of your income seems very high for child support.. Michigan has a standard set calculation depending upon the income of the parties, the number of children and the visitation (e.g. # of overnights).
Answered on Mar 25th, 2014 at 2:04 PM
Any money your mother gave you is a gift and gifts are not community property unless they are gifts to both parties. So, no. you do not have to share that money.
Answered on Mar 25th, 2014 at 2:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Ask your attorney, and if you have no attorney, engage one. Generally such a gift/loan from your parent would not be part of the marital estate.
Answered on Mar 25th, 2014 at 2:01 PM