Legal Question in Real Estate Law in California

If I gift my house to my fianc� this month and we are getting married next year, will I be able to file the gift in next years taxes to my spouse?


Asked on 10/27/15, 4:06 pm

1 Answer from Attorneys
William Christian Rodi Pollock

The gift will occur when you deliver the deed. If you are going to get married, don't make the gift until you are married, as it would qualify for the marital deduction. A gift to a fiancee before you are married would be a taxable gift, and a gift tax return would be required for this year. I really do not understand the purpose in a premarital gift. Are you trying to evade creditors?

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Answered on 10/27/15, 5:08 pm


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