What to do if my husband bought a car for me as a gift using inheritance money ans now he is trying to ask for it back during our divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my husband bought a car for me as a gift using inheritance money ans now he is trying to ask for it back during our divorce?
Last summer my husband bought a car for me for my birthday he funded the purchase with his inheritance money. Since then the gifted car and one other vehicle, in which the remainder of the loan was paid off with my husband’s inheritance money, were both traded in towards one vehicle for myself which is in my name. Now we are separating and preparing for divorce. He is demanding that I return the car claiming it was purchased using his inheritance. He says it doesn’t matter if it was given to me as a gift. Do I have any rights?
Asked on December 15, 2011 under Family Law, Texas
Answers:
Hong Shen / Roberts Law Group
Answered 13 years ago | Contributor
I am afraid that he is right. Depends on what your state law says. In California, for example, such inter-spousal gift would transmute a separate property or community property into separate property of another spouse only if it meets three requirements: (1) the value is small, (2) the gift is used exclusively by the donee spouse, and (3) it is a personal gift like jewelry or clothing. You may argue you met the (1) and (2) requirements but it is hard to argue a car is like a piece of jewelry. Since the car was purchased using his inheritance money, it is his personal property and he can get it back. It sounds ugly but it is the reality.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.