Acampo, CA asked in Divorce and Family Law for California

Q: if my divorce isn't final yet and a friend buys me a car is that going o be considered community property?

I'm in California

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2 Lawyer Answers
Robert P. Taylor
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Answered
  • Huntington Beach, CA
  • Licensed in California

A: No. Property and debts you acquire after separation are separate property.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, all property acquired during the marriage is presumed to be community property unless it can be traced to a separate property source. If a friend buys you a car while your divorce is pending, the car may be considered community property if it's not clear that the gift was intended solely for you. However, if you can establish that the car was a gift specifically to you and not to the marital community, it may be characterized as your separate property.

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