Legal Question in Family Law in California
my wife and I have been married for 310 days she has been with me for 144 of those days the rest with her ex boyfriend she has left and said she promised to be back in a week and to reasure me she signed over her things to me she left behind and we had it noterized before she left with her thumb print and a wittiness, she has been gone over a month now I wanted to know if the things on the note she signed and had noterized are now mine legally, being she signed the note and had it noterized with her thumb print and a wittiness, will it hold up in court if she and her ex boyfriend tried to get the things she left behind, I plan on keeping the stuff for her Adultry and lies.
1 Answer from Attorneys
It will depend on the wording of the document. It is very possible to make a gift of one spouse's separate property to the other spouse as separate property, or of community property to one spouse as their separate property. A writing is required, which you have, but it also must clearly show intent to commute the property from separate to the other spouse's separate, or from community to the other spouse's separate. It doesn't have to have those magic words, but it must show that intent.