Legal Question in Family Law in California

OK, first off, this is a pet peeve of mine. "Gifted" is not a verb. It is an adjective that describes a person who has a special talent or skill, usually one involving high intelligence or unsual ability. I don't gift my kid a car for their 16th birthday. I give them one, and it is a gift. I like to think he is a gifted musician, but realistically he's just very good. In short, intellectually gifted people do not use "gifted" as a verb. (Sorry but as you can tell this just really bugs me.)

Now on to your question which would be correctly stated as, "If I am legally separated from my spouse, does the spouse have any legal claim to money I receive as a gift." The short answer is "no."

For the sake of other people who may find this answer in a search engine query I will elaborate on why. First, I should point out that your question suggests a common lack of understanding of "legal separation." A true legal separation is a very formal process almost exactly like a divorce. In fact you file all the same papers and go through all the same proceedings as a divorce. At the end of it, it is exactly the same as being divorced, except you retain the bare legal status of married. True legal separation is nearly useless except for people of devout religious faith who cannot get divorced without religious repercussions. They are so rare I have never even seen one. Since it is the same as a divorce, however, in a true legal separation the answer to your question is obvious.

Second, even if not "legally separated," once you separate in preparation for divorce, even before you file, any money you receive is your separate property, whether it is a gift, wages or whatever. The only exception is interest, dividends or other income from an investment or account that is community property. Also, if the separation turns out not to be permenant, everything reverts to whatever status it would have as community or separate property had the separation never occurred. Which brings us to the last point.

Third, gifts are always separate property. Whether of money, real estate, assets, or whatever, gifts and inheritances are the separate property of each spouse throughout the marriage. If you want to keep the separate property status, you must be careful not to comingle them with community assets or do something that would be considered transmuting the property into community or quasi-community property. But as long as you maintain its separation, it remains your separate property.