Legal Question in Family Law in California
Property gift of Spouse
My husband and I are separating. For the last 5 years
he has received a gift of 2.5% interest in an apartment
building they own. The profits to us total about $25,000
a year. This was not an inheritance, his parents are
both still living. In the deed it states his name and after,
''a married man''. Do I have any claims to that property if
we divorce? Can I use it as an asset that could be the
basis for spousal support?
3 Answers from Attorneys
Re: Property gift of Spouse
No, a gift is not community property.
Re: Property gift of Spouse
Now here is a basic attorney response. It depends. Generally, gifts to either spouse individually are not community property. However, depending on the facts, it is possible to transmute separate property into community property. Even if the "gift" is his separate property, YES, that income can be considered for spousal support.
If you have any further questions, please feel free to call me at 818-346-1013.
Re: Property gift of Spouse
If the property was a gift to your husband only, and you and he haven't agreed that it also belongs to you, then it is his separate property and you do not have rights to it. However, its value and income may be considered in allocating your spousal support.
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