Sunday, December 11, 2011

IN A DIVORCE, WHO GETS THE WEDDING GIFTS?

QUESTION: Is a car that my father gave us as a wedding present community property or is it mine because my dad gave it to us?

MY RESPONSE: If your dad gave it to "us", it is community property. The fact that your father was the source of the gift is irrelevant. If a card accompanied the gift, it would be important to see specifically to whom it stated that the car was given. If that card reflects that it was given only to you, the car would be your separate property. If the card is directed to you and your spouse and states that the car was given to you and your spouse, the car would be community property. If the card doesn't reflect to whom the car was given, bear in mind that wedding gifts are typically given to the new married couple, and would most likely be held to be community property. Your father's deposition could be taken; if he testifies that he gave the car just to you, that may (or may not) help to persuade the court - his credibility and bias could be called into question since he is your father.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

1 comment:

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