Q: I live in California. We are filing Divorce. Gift money from his mom all goes to him?

A: He (and his parents) will need to provide evidence it was a gift to him alone. There should be evidence other than a letter too.

A: In California, which is a community property state, assets acquired during the marriage are generally considered community property and are divided equally between the spouses in a divorce. However, there are some exceptions, such as gifts or inheritances received by one spouse.

In your case, the key factors are:

1. Whether the gift was given specifically to your husband or to both of you.

2. The intention of your mother-in-law when giving the money.

3. How the funds were used (for the down payment on a shared home).

If there is no clear evidence (like a letter) stating that the money was a gift solely to your husband, the court may consider it as a gift to both of you, especially since it was used for a shared purpose (buying a house) and given with the intention of supporting your family's new life together.

However, if your husband can provide evidence that the gift was intended solely for him, he may have a stronger claim to a larger portion of the funds.

Ultimately, the judge will review the evidence presented by both parties and make a decision based on the specific facts of your case. It's best to consult with a family law attorney who can assess your situation, help you gather evidence, and represent your interests in court.