MBE Rules · Community Property
Separate Property — Gifts, Bequests, Devises
Cal. Fam. Code § 770(a)(2)
The rule
Property acquired during marriage by gift, bequest, devise, or descent is the receiving spouse's separate property, even if received during the marriage. The intent of the donor or the terms of the instrument control.
In plain English
Property that one spouse receives as a gift, inheritance, or through a will is considered that spouse's separate property, regardless of when it was received. The key factor is the intent of the person giving the gift or the specific terms outlined in the will or legal document.
Worked example
During their marriage, Sarah receives a valuable painting as a birthday gift from her grandmother. The gift was explicitly stated to be for Sarah alone in her grandmother's will. As a result, the painting is considered Sarah's separate property, not subject to division in a divorce.
Memory hook
Gifts and inheritances belong to the receiver, not the marriage!
The trap
Exams may present scenarios where property is received during marriage but fail to clarify the intent of the donor, leading students to mistakenly classify it as community property.
How examiners test it
Questions often involve a spouse receiving property during the marriage and require candidates to analyze the intent behind the gift or the terms of a will to determine the property classification.
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More Community Property rules
- Interspousal Fiduciary Duty · Cal. Fam. Code § 721; § 1100(e)
- Management and Control of CP · Cal. Fam. Code § 1100(a)-(d)
- Equal Division at Dissolution · Cal. Fam. Code § 2550
- Putative Spouse Doctrine · Cal. Fam. Code § 2251
- Business Goodwill · Marriage of Foster (goodwill)
- Severance Pay · Severance pay (Cal.)