Family Gifts in Property


#1

Dear Rusty:

Greetings. When you receive a gift from someone other than your spouse during the marriage, that gift is separate property. However, when you take that gift and invest it into jointly titled property, it becomes a gift to the marriage. It is still a distributional factor though that your separate property was gifted to the marriage. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Over the years, I received “gifts” from blood relatives, which were invested in house and car. House and car are in both my name and my spouse’s. Since gifts and inheritances are not to be split by NC law, can the dollar amounts in joint property that were gifts to me still be considered mine?