Is a gift from your spouse really a gift?

When you are given a gift of substantial value from your spouse or Registered Domestic Partner, you might be in for a surprise at divorce in California. Why?
If you do not have an express writing from your spouse, then it will likely be deemed community property upon separation. Additionally, if that gift was paid for from your ex’s separate property funds (an inheritance maybe?), your spouse will likely be able to claim a Family Code section 2640 reimbursement for the funds spent on the acquisition of the gift. In other words, you get nada.

Sounds harsh, doesn’t it? Don’t get left in the dark as far as gifts are concerned. Keep reading, and we’ll fill you in on the details.

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