What is considered to be separate property if you divorce?
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What is considered to be separate property if you divorce?
I had a car donated to me a few months back. I hope to be divorced soon – seperated for 3 years; married for around 5. Does she have any right to the car that was donated to me and only me?
Asked on March 10, 2011 under Family Law, Louisiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
LA is a community property state and the general rule is that any assets acquired during marriage are community assets. However, there are exceptions to this rule. For example, inherited or gifted is considered to be separate property, and therefore is the sole property of the spouse who received the gift and not subject to division or distribution in a divorce. Based on the limited facts presented, since your car was "donated" this would be more than likely viewed as gifted property by a court.
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