Property Division
Gifts Acquired During the Marriage
In Orange County family law actions. a general community property presumption arises when property is acquired during a marriage. However, there is an exception for property acquired by gift or inheritance during the marriage. Property acquired during the marriage by “gift, bequest, devise, or descent” is the acquiring spouse’s separate property. Family Code §770. Where the parties acquire a gift during the marriage in “joint form,” it is presumed community property. Generally, unless the gift is a family heirloom, any jewelry of feminine use is awarded to the wife and…
