Question:
Married for 10 years. We were living in Russia, where my father took mortgage on himself, paid it off and gifted apartment to me. By Russian laws this apartment belongs only to me (as it was gifted specifically to me), its not a common spousal property.
After a few years of that we moved to USA, have green cards now, I still own the apartment, we use it to live when visiting Russia.
In a case of divorce in USA, how this apartment will be treated – as mine or spouse will get 50%? It was gifted to me before visiting USA, but when I was married, have 2 children.
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Answer:
If the gifted property was never in your spouse’s name, it will likely be considered your separate property, as gifted by your father. Your spouse would have the right to claim that the property has appreciated in value and that your spouse should receive a portion of the appreciation from the date of the gift from your father. You should consult with an attorney to thoroughly review this issue.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Divorce Attorney. This does not consent an attorney client relationship.
