Carrollton, TX asked in Divorce for Louisiana

Q: My husband and I are separated. My dad is wanting to buy me a new car as a gift. Will that be considered comm property

My husband currently has use of a truck and this new vehicle would be my only transportation for myself and my 3 kids.

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2 Lawyer Answers

A: It would be a gift but I recommend not acquiring ANY assets in your name until someone has filed for divorce. We don't have legal separation in LA.

A: If the car was titled solely in your name, you could probably effectively prove it was intended as a gift to you, which would make it your separate property. However, I would suggest your father putting the title in his name until after a Petition for Divorce is filed, which would terminate the community, just to be safe.

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