How to protect gifted property property in a divorce?

My parents are going to put their house in my name before they go into a nursing home. If I were to get a divorce, would my wife have any rights to the house. If so, is there any way to protect it?

Asked on March 13, 2012 under Family Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sorry to hear about your parents going into a nursing home.

If you live in a community property state, community property is property acquired during marriage.  This also applies to income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  This also applies to income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

A gift is separate property even if it is received during marriage.  Therefore, your wife would not have any claim to the house you are receiving as a gift from your parents.

If you don't live in a community property state, other rules may be applicable.


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