What is considered to be separate property if you divorce?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption