Proof of separate property


#1

Dear philzone:

Greetings to you too! The court would consider all three as evidence of the gift. Proof that the property was transfered to your sole name, remained in your name unchanged, and was never used for the marriage may be sufficient to prove the asset is separate. 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

Greetings,

I have a question regarding separate vs. marital property. Please consider the following scenario:

An individual in a potentially contested divorce has an item of property that was given to him/her as a gift. Given the above, what might the court consider as a proof of gift as below?

(1) An affidavit of gift, signed and notarized prior to the date of separation,

(2) A handwritten letter that is signed, dated, and postmarked prior to the date or separation, and/or

(3) The individual’s word alone.

Would the court merely consider (1) and (2) above?

Thanks again for your ideas.

Best regards.