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Do I Have to Share Gifts with my Spouse During a Divorce?



As the best divorce lawyers in Mesa AZ we often get asked, “what if my mom or my dad or another relative, gifts me some kind of property during the marriage? Does the other spouse get to share in that asset when we get divorced?” Generally speaking, the answer is no. One of the exceptions to the community property rule in Arizona, is that an asset or piece of property that is gifted to you is your sole and separate property. You need to be careful not to co-mingle that piece of property with marital property, because that can actually transform that sole and separate asset into a community asset that would be then divided. But if you keep it separate and if it was gifted to you from someone else at the time of the divorce, the court will consider that your sole and separate property and you’ll get the entirety of that asset.

For more videos answering common divorce with kids questions click here.

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Jensen Family Law in Mesa
3740 E Southern Ave #210,
Mesa, AZ 85206
(480) 999-2321


Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206 Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), Take S 41st St to E Sky Harbor Blvd, then Head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St. Then Turn right onto S 41st St. After that, Continue straight to stay on S 41st St, then Take AZ-202 Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd, then Use the left 2 lanes to merge onto AZ-202 Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to Merge onto AZ-101 Loop S. After that, Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe, then Take exit 184 for Val Vista Dr. Then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr. Turn right onto E Southern Ave, then Turn left and Destination will be on the right.

We’re open 9AM – 5PM Monday – Friday and we are closed on Saturday and Sunday.

For additional questions you can call us at (480) 999-2321 ro you can find us on Yelp.