Can spouse claim a car that was gifted after separation?

UPDATED: Jul 17, 2012

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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 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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