YOUR GIFTS ARE SAFE DURING A DIVORCE

It isn’t uncommon for people to receive gifts from friends or especially family members. This certainly covers small things like that hand-knitted sweater Aunt Tilda gave you for your birthday, but it can also cover big things. Maybe your parents are doing their estate planning and decided to give you their vacation home or a check for $25,000. If you were to get divorced in California, can your spouse come after these gifts?

California is what is known as a “Community Property State,” which means that each spouse is entitled to half of the couple’s community property. What exactly is community property? It is any assets, income, or debt taken on by either spouse during the marriage. The major exceptions are inheritances…and gifts!

That’s right. Both Aunt Tilda’s sweater and the vacation home your parents gave to you are safe from your ex-spouse’s clutches. Don’t let your ex tell you otherwise or try to convince you that you owe him or her any part of the gifts that you have received during marriage.

If you live in Temecula and are considering divorce or are in the process of getting divorced, get the legal representation you need from a strong, knowledgeable attorney that will fight for you. Contact Albrecht & Albrecht today!