When parents give a gift to their child during their marriage, they never think about what will happen to that money if there is a divorce in the future. the Living donation It is one of the solutions that parents use to help their children financially so that they can buy a house, start a business, or try to enhance their wealth. The problem arises if the couple separates after giving this money. The big question is: What happens with this money?
In this particular matter, the lawyer David Jimenezan expert in estate planning, wanted to speak publicly to analyze what kind of risks are involved and how they can be avoided. The expert pointed out that the most important thing is Clearly identify and document the recipient of the donation.
What happens if a father donates money to his son and then divorces him?
“The donation has been made Special personality“, the lawyer began to explain in the video. Indeed, this is what distinguishes Article 1346 of the Civil Code. If the donation is made in a clear and frank manner, it is most likely to be so It is kept as private propertyThat is, he remains outside the marital situation. Furthermore, “even if your son is in community property, those funds are not incorporated into community property,” Jimenez emphasized.
This must be taken into account The economic system of marriage is fundamental In these cases. If spouses are in joint ownership, almost everything acquired during the marriage is considered common. The situation is much simpler if they segregate the assets.
However, the expert stated that if the son placed the donated money in a joint checking account, the picture would not be much different. “If the donation is clearly stated as being for my son and not for marriage, There won’t be any problem“.
He goes further: “Depositing it in a joint account does not affect the classification of this heritage. The funds will remain private“In addition, he said the Supreme Court has acknowledged this on various occasions.
Given this situation, the most important thing when making this type of donation is He left it documenting that the money belongs to the son. This way, it is very clear that this is a private amount and cannot be claimed by your partner if the divorce finally occurs.