Gifts that were given to one spouse or another during the course of their marriage are to be considered as a separate property, but there can be some disagreements along the way while filing for a divorce. This usually happens when a gift is often shifted in a gray area, whereas both parties assume that that property is not to be considered as a gift, such as a purchasing a new car as a gift to one spouse but that both spouses use.
Much like gifts, inheritances are to be considered as separate property as well. They are not subject to the rules of community property, but as mentioned before, gray areas can be presented while filing for a divorce. This usually occurs when a will states that certain assets and properties are to be distributed among the family, in which case, it would be wise for a spouse to proof ownership and that the deceased was intended to give that inheritance to that said spouse.
However, if said inheritance is distributed among the family, such as inheritance money being in a joint bank account, then that is considered community property. Much as a home in certain cases. Therefore, it is important to ensure that certain properties be treated as separate should the time come for a divorce in your marriage’s future.
Farbod Majd Esq.
Divorce Attorney w/ offices in Beverly Hills/Los Angeles
Services in English, Turkish, and Farsi/Persian (Iranian/American Lawyer)
8383 Wilshire Blvd Suite 646, Beverly Hills, CA 90211
310.956.4600 | Fax: 310.878.8989 | [email protected]