Legal Question in Family Law in California
I am divorcing. We were married 23 years. I live in California. He received some furniture from his parents which was brought into our home which I used and enjoyed for 20 years. Does this furniture become community property because it was commingled?
3 Answers from Attorneys
No. That is not commingling. Commingling is like when an accountant or a lawyer mixes their client funds with their personal funds in a bank. In marriage, it can mean all sorts of things, like "commingling" a separate asset into a community asset (community property). This does not apply here.
The furniture, given from HIS parents, is usually considered a "gift" from his parents. That means that it is HIS separate property in most cases. Gifts from ones parents usually is the separate property of THAT spouse and NOT community property.
Deviations from what I told you would take a treatise to write so I will end it there. Thanks for using LawGuru.
Commingling is an event that prevents the parties from being able to ascertain where the source of the asset came from. It's clear the furniture came to your husband by way of a gift from his parents. Gifts of this nature are separate property of the recipient.
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