19 May 2011 0 Comments

What are inter-spousal gifts?

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During a marriage, gifts are given to each other for various reasons that include birthdays, anniversaries, Valentine’s Day and just because.

During divorce, couples may fight about these very gifts that were once given in love.  Gifts between spouses can become problematic when you live in California, a community property state.  It must then be determined if this inter-spousal gift was a gift to the marriage or a gift to the spouse.

Gifts to the marriage or during the marriage are considered marital property and gifts from one spouse to the other are considered separate property.  There are instances when separate property can become marital property – when a spouse comes into the marriage with a home and adds the other to the deed after the marriage.  By doing this, the transfer is considered to be a gift, making the property a marital asset.

Gifts can become complex issues when going through a divorce – even with a ring that was given during happier times.

If you are going through a divorce and have problems relating to gifts given to you at a happy time in your marriage, contact an experienced Riverside Family Law attorney who can answer all your questions for you and help you get through this trying time in your life.

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