My husband bought a car after we were married. However, he used funds that were gifted to pay for it. Does that still count as marital property?
June 20, 2025
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Without any written proof that it was a joint gift, it does not count as marital property. It was a gift sent directly to him individually.
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I need information about marital property.
I understand you're looking for information about marital property. Can you tell me if you are currently going through a divorce or just seeking general information?
We will be officially separating in 3 weeks.
Are you looking to understand how marital property is divided during a divorce, or do you have specific questions about a particular asset or situation?
My husband has a car he bought after we were married. However, he used funds that were gifted to pay for it. Does that still count as marital property?
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with marital property.
No.
My name is Jessica and I am a licensed attorney that will be assisting you with your question.
I am so sorry you are dealing with a divorce. Is the title of the vehicle in his sole name?
Yes.
Ok, and 100% of the purchase price was with gifted money?
His aunt and uncle gifted us money but sent it directly to his account.
Ok, so is there written proof that the gift was to you both?
No.
Ok. What proof is there that it was a joint gift?
I guess there isn’t proof. Does it not matter that it was sent to him while we were married?
Without any written proof that it was a joint gift, it does not count as marital property. It was a gift sent directly to him individually.
OK. I am pretty sure he is retaining a lawyer. We haven’t officially separated yet. Is there a need for me to do the same at this point?
It is not required, but if he is hiring an attorney, it is best to have your own.
I was going to do the separation agreement on the eForms site, but knowing he is retaining an attorney, I probably shouldn’t do that, right?
Correct.
