Family Law Prof Blog

Editor: Margaret Ryznare
Indiana University
Robert H. McKinney School of Law

Tuesday, December 8, 2009

Are the Christmas Gifts You Give Your Spouse Community Property?

Maybe.  A California Court of Appeals just ruled (reversing the lower court's decision) that a Porsche bought for husband with wife's separate funds was to be classified as community property.  California law generally requires a writing to transmute the classification of property, but there is an exception for gifts of "tangible articles of a personal nature."  The California court held that a Porsche was not such property.  Read the full opinion here.  And if you're in a community property state, delight in the fact that you'll still own a portion of most items you gift to your spouse!


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