GIFT OF MONEY

[BURNED]

IF ONE SPOUSE RECEIVED A GIFT OF MONEY FROM A PARENT. IS THIS CONSIDERED PART OF COMMUNITY PROPERTY IN CALIFORNIA?

ALSO IF THEIR ARE CHILDREN, CAN THE SPOUSE WITH CUSTODY LEAVE THE STATE WITHOUT WRITTEN CONSENT FROM THE OTHER PARENT?

 

[I AM ALWAYS LIABLE]

IF ONE SPOUSE RECEIVED A GIFT OF MONEY FROM A PARENT. IS THIS CONSIDERED PART OF COMMUNITY PROPERTY IN CALIFORNIA?

ALSO IF THEIR ARE CHILDREN, CAN THE SPOUSE WITH CUSTODY LEAVE THE STATE WITHOUT WRITTEN CONSENT FROM THE OTHER PARENT?

My response:

Please, as this site asks when you post your questions, please don't use CAPITAL letters for your entire posting.

Okay, as to your questions:

1. The general rule that marital acquisitions are community property is "displaced" when the manner of acquisition is by gift or inheritance:
Property acquired during marriage by "gift, bequest, devise, or descent" (i.e., inter vivos or testamentary gift or intestate succession) is the acquiring spouse's separate property. [Ca Const. Art. I § 21; Ca Fam § 770(a)(2)] and is thus, not subject to division.

2. If there is no previous court order for visitation, custody, etc., between the parties, then no notice is required. Each parent has a right, absent a court order to the contrary, to take their children anywhere they want, at any time they want.

However, if you fear that your children will be taken, then I suggest that you immediately file your Petition for dissolution. With that Petition comes an immediate and automatic "Restraining Order" that, among other things, requires the spouses to maintain the "status quo" and not to remove children from the filing court's jurisdiction.

If a parent then removes a child during the period of the Restraining Order, that parent is subject to arrest and the children are subject to seizure and return to the jurisdiction.

Once orders from the court are received for visitation, custody, and support, a custodial parent MUST give at least 45 days Notice of an intent to move with the children. This amount of time allows a non-custodial parent time to file a new Petition to oppose the move and to have a judge hear the case to determine whether or not such a move would be in the best interests of the children.

IAAL

 

[dorenephilpot]

Hi, there. I'll try to answer in terms of Indiana law, which may differ from your state:

If you received a gift to you ALONE, then you probably are safe in retaining it all. However, if it was given to BOTH of you, then it's considered part of the marital pot. The problem is proving which, unless you have something in writing.

Of course, you're going to say it was a gift to you, and she is going to say it was a gift to both of you. Is the gift giver still alive or was it a bequest? If s/he is still alive, then you would have a witness, at least.

Usually, if there is a prohibition against taking the children out of state, it's stated in the settlement agreement. If yours doesn't, then there's probably no prohibition. However, was it for a short trip out of state or a MOVE out of state? If it was for a move, then the party who moved should have gotten permission from the court. If not, s/he might lose custody because it could be seen as a parental kidnapping. I don't know enough from what you wrote to really answer your question fully....