Can spouse claim a car that was gifted after separation?

My husband and I have been separated for 3 months now, going to be filing for divorce. He took the car and left me with none, so a friend gifted me with a car to help me out. If I have the car in my name, can my husband try to get it in the divorce? Would it be concidered community property or not?

Asked on July 17, 2012 under Family Law, Arizona


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

No, it is not community property.  Gifts are not community property.  In addition, property acquired after separation is not community property. 

There are many pitfalls in divorce cases and it's really more complicated than most people think.  You should consult a local family law attorney about your case and get their advice.  In addition, ask them about whether under Arizona law you could have your spouse pay your attorneys fees.  If your spouse makes more money than you, this is very possible.

Best of luck.

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