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If a person pays for property improvements for a married niece in a Community Property state, is the "gift" to the niece or is it considered to be given to her and her husband?
Optional Information: State/Country relating to question: Idaho
Hi,
It would depend on how you intended to give the gift. You can sign something and have it notarized saying that you are making the improvements as a gift to the niece only and that you are purposely excluding her husband from the gift of the improvements. If something like this is not done and the improvements are to the marital home, it will be considered a joint gift.
Experience: Family Law Attorney