Hi,
I believe that if gifts are received during marriage by a parent and they are intended for the blood relative,i.e. son or daughter, the spouse does not have a claim to this in a property settlement.
My mother gifted a property to my brother and me in 2001. The property is in both our names as Tenants in Common Equal Shares. My mother is still alive and she did not intend to
gift it to anyone else but the blood relatives, i.e. Her 2 sons, and were for our use only, and not any marriage that we were to get into.
I was married for 2 (she claims 4 ½) years, and after 3 ½ years of separation, my ex-wife is now making a claim for property settlement. The gifted property was rented out and was not used to fund anything in the marriage. In fact, it was my brother that was taking care of all the rental arrangements, repairs, dealing with agents, etc., therefore, my ex-wife had nothing to do with it, nor did I.
Will this property be included in the asset pool under Family Law?
Any feedback would be greatly appreciated.
Thank you.
I believe that if gifts are received during marriage by a parent and they are intended for the blood relative,i.e. son or daughter, the spouse does not have a claim to this in a property settlement.
My mother gifted a property to my brother and me in 2001. The property is in both our names as Tenants in Common Equal Shares. My mother is still alive and she did not intend to
gift it to anyone else but the blood relatives, i.e. Her 2 sons, and were for our use only, and not any marriage that we were to get into.
I was married for 2 (she claims 4 ½) years, and after 3 ½ years of separation, my ex-wife is now making a claim for property settlement. The gifted property was rented out and was not used to fund anything in the marriage. In fact, it was my brother that was taking care of all the rental arrangements, repairs, dealing with agents, etc., therefore, my ex-wife had nothing to do with it, nor did I.
Will this property be included in the asset pool under Family Law?
Any feedback would be greatly appreciated.
Thank you.