Legal Question in Real Estate Law in California

Community Property, Family Gift and Marriage

My spouse's family will be gifting a property to my wife and I. We intend to hold the title as ''community property with right of survivorship''. Question is, if we hypothetically divorced many years down the road, do I lose my share in the property because it was a gift? More generally does the fact that the property is a gift from my wife's family have any impact on holding the title this way?


Asked on 10/09/08, 1:03 am

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: Community Property, Family Gift and Marriage

If it is a gift to just your wife, and not to both of you, then it is separate property of your wife; however, if she permits title to be placed into both of your names, you will have a community property interest.

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Answered on 10/09/08, 10:23 am


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