Legal Question in Family Law in California
I was gifted a 1957 chevy Bel Air Sedan from my father but the letter was not signed and my soon to be x just because I put his name on the title wants it sold and spilt. I want to keep it because it belonged to my father. Do i have to have it appraised to buy his half out? or is the letter unsigned good enough for the judge
2 Answers from Attorneys
The threshold question that must be answered is whether or not the gift was truly to both you and your spouse or only to you. The mere fact that your spouse decided to put their name on the title does not mean to say that this valuable car becomes community. Please meet with an experienced family law attorney to explore your options.
The first issue is that if you received it as a gift from your Father, then it was your separate property and remains your separate property. If you happened to improve it the improved value may be community property with a right of reimbursement to you for the value before improvements. If you placed the title in the name of you and your wife then you have a right of reimbursement which basically mean that the community gets the value of the appreciation. The bottom line, the car is still probably yours or mostly yours. Email me with the exact details and dates and I can give you a more definitive answer.
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