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Get your taxes done using TurboTax
I am not an attorney but my understanding is that any money earned during a marriage is community property and you can’t just declare that it is separate property by depositing it in a separate account. I am thinking out of the box here but if your husband doesn’t object to the gift (even if he agree with it) he could “gift “ his half of the common property to you and then it would become your separate property. There’s an unlimited marital gift exemption. Also just my personal opinion, because the estate deduction is many millions I doubt the IRS will take any interest in your gift. What I do know is that there are no consequences to your daughter in any event.
March 30, 2021
10:47 AM