Is gift from parents protected from spouse in CA

California
Mother dies and her jointly owned business passes to father. Father is living and gifts business to son and daughter. Both are married. Son now wants divorce. Is the business protected from community property laws since it was gift from parents?? Or doies his wife get half his half of the value of assets?

[I AM ALWAYS LIABLE]

Originally posted by jherbert
California
Mother dies and her jointly owned business passes to father. Father is living and gifts business to son and daughter. Both are married. Son now wants divorce. Is the business protected from community property laws since it was gift from parents?? Or doies his wife get half his half of the value of assets?

My response:

It depends upon how the "gift" was given; e.g., was it given to the son without any written instructions or conditions concerning how the gift was transferred to the son?

An argument could be made by both:

1. Son says it was a gift to him, only.

2. Wife says it was a gift to the marriage; i.e., both of them.

Remember, in California, there is a presumption that all property acquired during the marriage is Community Property unless there is a writing to the contrary.

See a Family Law attorney - - immediately!

IAAL