Is inherited property or gifted property to one spouse in a marriage considered community property?

If property is inherited by one spouse, does that property become community property? If property is gifted to one spouse, does it become community property?

Asked on March 12, 2012 under Family Law, Colorado


Hong Shen / Roberts Law Group

Answered 8 years ago | Contributor

Inherited, no. Gifted, it would depend on the intent of the donor. If the donor intent is to give the gift to both spouses, then it is community property, regardless how the title is written. If the intent cannot be ascertained, the fact the gift was given to one spouse instead of both would be controlling that this is not community property.

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