Legal Question in Family Law in California
My wife and I are going through a dissolution of marriage. Our car was in her name, and was previously a gift from her dad. The split up was my decision, and she and her parents insisted that to make things right and for me to keep the vehicle, that I pay my wife for the remaining value of the car ($4,300.00). Without thinking and mostly due to guilt, I agreed. We drafted a purchase agreement from a website, and signed it with a notary public. My question is am I still obligated to pay this. The title has already been transferred into my name. Is there a way of getting out of the purchase agreement, or at least getting out of having to pay for the car. To my understanding, the car was just as much my property as it was hers while we were married. Thanks for your help.
2 Answers from Attorneys
No. The car was her property, because it was a specific gift to her from her father, and title was clearly in her name. You signed an agreement to purchase the vehicle, and if you want the car, you have to comply with the written agreement.
Mr. Roach is correct. Gifts during marriage are not community property. They are the separate property of the recipient.
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