How can I protect property that was gifted to me if I divorce?

My parents live in Poland and they want to give me an apartment they own but they don’t want my husband to be able to get it if we ever get divorced. If they gift deed it to me, will he have any claim on it? Is there any way to avoid that? My husband is an American, I am Polish with American citizenship, we got married and live in the US.

Asked on November 7, 2013 under Family Law, Florida

Answers:

Stacey Schlimmer / Schlimmer Law, LLC

Answered 7 years ago | Contributor

Though some laws will vary by State, generally, inherited or gifted property is considered the personal property of the person who receives it. However, any interest or dividends received off said property during the marriage is considered joint marital property and is generally split equitably. 

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

Florida is not a community property state.  So long as you are living in Florida when they give you the apartment, you should be fine.  Arizona, on the other hand, is a community property state.  However, there is an exception for property acquired by gift or inheritance.  The important thing to do would be to keep it separate property -- don't sell it or gift a half interest to the husband, don't rent it out and use it to generate income for the community.


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