Legal Question in Family Law in California
I live in California, and am married. Someone wants to "gift" me a property, however I do not want for it to be considered as community property. I understand the Grant Deed can state "Married Woman as sole and separate property", but I want to make certain that my spouse will not be able to have any claims to the Property. (We are in the process of getting ready to file for divorce).
My question is, since the property is a "gift" and the deed will state that it's my sole and separate property does that protect it from becoming "community property"?
2 Answers from Attorneys
Gifts and inheritance are considered separate property when tendered to a married individual pursuant to California Family Law. However, you should be certain you do not enrich the property with any resources that are community ( ex: repairs and or improvements made with community funds, financing using any community credit are just two examples). Too much at stake here to not invest in conferring with an attorney skilled in interpreting California Family Law.
Gifts of real property are 99.9% of the time a bad idea compared to the alternatives. Get a knowledgeable real estate attorney with tax background involved or there is a very good chance of making a mess of the transaction that may cost thousands of dollars in unnecessary taxes.
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