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, 2012If 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?
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
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
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
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
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