Howcan Iprove that a property I received during marriage was a gift to only me and not also to my husband?

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Howcan Iprove that a property I received during marriage was a gift to only me and not also to my husband?

I am going through a divorce right now and my husband is trying to take a piece of a property which I consider separate. I was given joint tenancy of a property by my father during the marriage. My father gave the joint tenancy with right of survivorship as a gift to me only and not my husband. My father is still alive and willing to do whatever it takes to prove that he gave the property as a gift to only me. What are some ways my father and I can show the court that it is and always was intended as a gift to just me and not my husband?

Asked on July 18, 2011 under Family Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all you can argue that the fact that you are on the deed as a joint tenant with right of survivorship alone shows a gift in your name alone because if the gift was in both names it would have stated that. Secondly your father can testify that the deed was a gift for you and that he did not receive any money for the transaction and that it was merely a way of estate planning so that the house would not go to probate.  Since it would be separate property if you had inherited it, the transfer was merely a way of giving you your inheritance early. As long as it can be shown that you did not pay for the house and that you did not put your husband on the deed, then it will be deemed separate property.   


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