How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask lwpat Your Own Question
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
Type Your Family Law Question Here...
lwpat is online now
A new question is answered every 9 seconds

I have been served divorce papers by my wife. I was gifted

Resolved Question:

I have been served divorce papers by my wife. I was gifted a truck and the title states"gift". Can I sell MY truck before the divorce is over because it's NOT community property?
Submitted: 6 years ago.
Category: Family Law
Expert:  lwpat replied 6 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

Since you are the only one on the title, you can sell the truck. However, you need to keep a copy of the title to show that it was a gift directly to you and not a gift to the marriage. However, the judge could still find that it was marital property depending on the circumstances.
Customer: replied 6 years ago.
What circumstances would warrant it being community property? Basically i want to know what kind of trouble i would be in if the judge decided it was community property
Expert:  lwpat replied 6 years ago.
If the judge decides it was community property you would owe her half the value of the truck. If you have had the truck for some time and used it for the family the judge may find that it is community property
lwpat and other Family Law Specialists are ready to help you