Divorce & Annulment

questions & answers

Question: If money was gifted by a spouses relative to purchase a home in a marriage, is this considered a gift that would apply under A.R.S 25-211? Can the spouse get the money returned after sell of the property?

Answer: Community property law can be very complicated and confusing.  Let's try an example. If a relative gave Jane a gift of money and if the gift check was made out to Jane alone, the gift would belong to Jane pursuant to Section 25-211.  Her husband, John, would have no interest in the gift.  However, Jane then takes the gift and uses it to buy a house that Jane and John now own together.  (The deed shows the house is held as community property or or that Jane and John own it in joint tenancy with right of survivorship.)  By using the gift to purchase a house that is in both their names, Jane has converted the gift to community property. You do not say if  you are both on the deed, how it is held, and if you are both on the mortgage.