My wife was given some money by her parents during the last 6 months that we were married, about $150,000. We are going through
3 attorney answers
This is the definition of separation property - 770. (a) Separate property of a married person includes all of the
(1) All property owned by the person before marriage.
(2) All property acquired by the person after marriage by gift,
bequest, devise, or descent.
(3) The rents, issues, and profits of the property described in
(b) A married person may, without the consent of the person's
spouse, convey the person's separate property.
Property associated with the labor of the parties during the marriage is the basis of community property. See the definition in FC 760.
How was this gift structured? If the parents gave the money to her she could argue that the money is hers separately under FC 770 - and the burden is on her.
If the parents gifted the money to you both and made clear that it was a gift to you both, the opposite might apply. How was the money gifted? Wired to a separate account? A check to her?
These surrounding facts are important.
It depends how she actually received the gift. If it was a gift to her alone, she may be correct. If it was a gift to both of you, you would be correct. You need a lawyer to investigate this and perhaps perform some discovery. You want to know if there are any documents to coincide with her position. I have seen situations where the gift was to both parties. I have also seen situations where it was a gift to both parties, but was later claimed a loan that had to be paid back because it advanced one party's interest over the others. Good luck.
If the gift was to her, not to the community, it is her separate property. Only earnings are automatically community. If she commingled it, you can fight over that, but she is correct.
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