Legal Question in Family Law in California
If a spouse gives property to his or her parents as a gift before the start of the divorce, what will happen to the property during the divorce? What if the gift is not to a family member?
3 Answers from Attorneys
Both husband and wife have a fiduciary duty to each other on the proper control and management of the community assets. If your spouse knew of this gift and did not object, then the argument would be that the gift should be protected. However, if the spouse didn't have the power to object (duress,concealment, undue influence by a party) then the gift could be set aside. The value of the gift is an element the court may consider as well in this analysis.
Ms. Kock is completely right. I would just add that depending on the value of the gift, how title is held if it is titled real or personal property, and whether it is real or personal property, the spouse could create a total CF of tax issues by making such a gift.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
