Legal Question in Family Law in California
Community Property and/or Separate
If a spouse receives while married an ''Gift'' of property, is this ''Gift'' considered separate property if the spouse ''Quick Claimed'' onto the property prior to the death of the person giving the ''Gift'' or ''Inheritance''. Also, can an inheritance be only from a relative? If not coming from a relative, is this considered a ''Gift''? Please give California Law Code/Statue when answering. Thank you!
1 Answer from Attorneys
Re: Community Property and/or Separate
Property received as a gift is separate property. Property received from a non relative should qualify as either a gift or an inheritance. The separate can be converted to community property by intermingling it with community property or adding the spouses name to the title of the property. You should consult with an attorney to discuss the facts of your case.