CALIFORNIA FAMILY LAW
...Community Property Issues
......Gifts/Transfers of C/P
.........In General
9 Cards On This Topic:
  • Gifts: In General
  • Spouses may alter property rights by agreement.
  • No gifts of c/p to third parties absent written consent of spouse.
  • Actions to set aside unilateral transfer of c/p by one spouse must be commenced within one year of recordation of deed of transfer.
  • Elements of a gift.
  • Court may disbelieve party’s declaration as to whether a transfer was a gift or loan when that fact is sought to be established solely by the individual's affirmation thereof.
  • Nonemployee spouse may have interest in "gift" from employer to employee spouse.
  • Action to set aside gifts of c/p by one spouse not before court in dissolution action.
  • W has vested interest in each item of c/p and may set aside a gift of it by H, regardless of how much other c/p she receives.