Legal Question in Family Law in California
Intended recipient of parent's remittances...
During my marriage, my parents remitted money to my account. Now that we are in the process of divorce, my wife contends that the money was meant to be split between us and treated as community property. On the other hand, I think that since the source of funds is from my parents, it should be considered separate property. Who has the burden of proof?
Asked on 8/22/01, 11:53 pm
1 Answer from Attorneys
Ken Koury
Kenneth P. Koury, Esq.
Re: Intended recipient of parent's remittances...
the key factor is the intent of the giver of the gift. burden of proof depends on what account it is in. if it is a joint account with your wife then you have the burden. if it is in your seperate account and not mixed in with community property then your wife has the burden
Answered on 8/23/01, 7:54 pm
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