I gifted real estate property to my parents during my marriage, and the title of the property is in my father’s name.
Would my spouse be able to claim half of this gifted property during our divorce?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce laws where I am licensed to practice.
There are many different considerations that the divorce court will consider in determining whether the property is considered marital property.
Since the title is no long in either you or your spouse’s name, the court cannot award possession or ownership of the house without your parents being joined into the divorce action.
However, the court may still order that the value of the gift was marital property capable of being divided between the property.
Since it was gifted to your parents and not actually able to be divided in any other way, it is possible that the court would set aside the value of the house to you and balance that by awarding your spouse a larger share of the remaining marital estate.
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In determining whether to consider the property as part of the marital estate, the court will look at factors such as when the gift was made, the value of the property, whether it is likely that the gift will be returned to you after the divorce, the intent behind the gift, and other relevant information.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.