If someone is married and you gave them a car for a gift if they divorce do they have to give it to their spouse? 18 Answers as of December 14, 2012

If I gave my son a car as a gift and he is getting a divorce - does that mean he can keep it or do they both have rights to the car that I gave as a gift?

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Victor Varga | Victor Varga
If your intent was for the gift to be for your son only, then it isn't marital property.
Answer Applies to: Maryland
Replied: 12/14/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Depends, to whom did you give it If you gave it to your son as a gift to him, then it is his separate property and he keeps it. He needs to plead (have his lawyer do this) that it is separate property and you may need to testify or write a statement if the wife argues. If you gave it to "them" as a wedding gift or something of the like then it is community property and subject to division.
Answer Applies to: Texas
Replied: 12/11/2012
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
A gift is not considered to be community property. It is the sole and separate property of the spouse to whom it was given. That means, it does not get factored into the division of property during a divorce. The party just has to be sure he or she can prove that it was in fact a gift.
Answer Applies to: Arizona
Replied: 12/11/2012
Woods, May & Matlock, PC
Woods, May & Matlock, PC | Robert J. Matlock
A gift becomes separate property of the person who receives it. The court cannot take separate property away from the owner.
Answer Applies to: Texas
Replied: 12/10/2012
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
If you gave the car only to your son, it is his property. However, if he had to make payments on the car during the marriage, it is a mixed asset - part marital and part separate.
Answer Applies to: Ohio
Replied: 12/10/2012
    Legal Consulting Group, LLC | Aleksandr Y. Troyb
    Unfortunately, the answer to this question will depend on your jurisdiction and the circumstances of your case. For example, in Connecticut the court will look at a number of factors enumerated in the Connecticut General Statutes to make a determination with regard to property distribution. One of the factors is going to be timing - did you gift this car before your son's marriage, or during the marriage? In addition to this, the court will look at a host of other factors to determine what property distribution would be "equitable." I would suggest that you contact a local attorney familiar with divorce law if you are concerned. This, of course, assumes that you already gifted the car. If not, you may be able to make arrangements to ensure that your son keeps the car in the event of a divorce.
    Answer Applies to: Connecticut
    Replied: 12/10/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    When you give a gift to title transfers, therefore do your son's car.
    Answer Applies to: Michigan
    Replied: 12/9/2012
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    It depends on who you actually gave the "gift" to, was it to your son or was it to the two of them, as a couple. If it was for the two of them, then it was a marital gift to the couple.
    Answer Applies to: Illinois
    Replied: 12/9/2012
    Woolley Wilson, LLP
    Woolley Wilson, LLP | William R. Wilson
    Gifts are generally considered to be separate property and should not be awarded to the spouse.
    Answer Applies to: Texas
    Replied: 12/9/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    The gift you gave to your son is his separate property.
    Answer Applies to: California
    Replied: 12/9/2012
    John Russo | John Russo
    If you can prove it was a gift to your child only, and that is not just your word, i.e. a gift letter at the time or something along those lines then yes, but I have the feeling that you are trying to grasp at straws to keep this vehicle outside the marital estate.
    Answer Applies to: Rhode Island
    Replied: 12/7/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    He can claim it as separate property as a gift. However if wife used the car she may have a claim to the car or to something else. Consult with an attorney to discuss these issues fully.
    Answer Applies to: Michigan
    Replied: 12/7/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If you only gave the car to your son, then it's his separate property.
    Answer Applies to: California
    Replied: 12/7/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    Gifts are the separate property of the receiver.
    Answer Applies to: California
    Replied: 12/7/2012
    Gregory Brough, Attorney at Law | Gregory Brough
    Gifts to a married person are the recipient's separate property under Missouri law.
    Answer Applies to: Missouri
    Replied: 12/7/2012
    Hammers & Baltazar, LLP
    Hammers & Baltazar, LLP | Barbara K. Hammers
    Any asset received by a married person by gift during the marriage is that person's separate property and the other spouse has no right to it in a divorce under most circumstances. There are a few exceptions such as if your son gave her an interest in the car in writing.
    Answer Applies to: California
    Replied: 12/7/2012
    Law Offices of Frances Headley | Frances Headley
    If at the time the gift was made it was made clear that the gift was to him alone, then the gift is is separate property and not an asset to be divided upon dissolution.
    Answer Applies to: California
    Replied: 12/7/2012
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