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Community Property

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Doublep2000

Guest
If my inlaws gave a down payment for a condo purchase as a wedding gift, does that make the property more his than mine?
California
 


I AM ALWAYS LIABLE

Senior Member
Doublep2000 said:
If my inlaws gave a down payment for a condo purchase as a wedding gift, does that make the property more his than mine?
California
My response:

Let's assume, for just a moment, that your husband is correct. What would be the percentage ? 60-40, 68-32, 75-25, 90-10 ? Who would make that decision ? And, upon what basis in law would that decision be made ?

The decision cannot be made by the parents AFTER the gift was made because the money, once given, was no longer theirs to make any decisions after the fact. Any stipulations concerning the money would have needed to be made by the inlaws PRIOR to the gift giving, and it would have needed to be accepted by you and your husband on those terms.

Sorry to say, but in California, and as a Community Property State, a "gift to the marriage" is just that, it's a gift to both parties in equal shares, and not just one person to the marriage - - unless, of course, the donors (the inlaws), made a written stipulation concerning percentages to each of you. But, if the gift came with "no strings attached", then it becomes an asset of the marriage, and is owned in equal shares by the two of you.

IAAL
 

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