If one spouse gives money to their family on occasion over the years during marriage, is the other spouse entitled to ask the community to be reimbursed for money given in the divorce?

Experienced family law attorneys will help clients understand the impact of gifts during marriage.

According to Fam. Code § 1100, subd. (b), spouses may not make a gift of community property, or dispose of community property for less than fair and reasonable value, without the written consent of the other spouse.  There is a statutory exception for “gifts mutually given by both spouses to third parties”. 

Section 1101 provides a list of remedies for breaches of interspousal fiduciary duties, up to and including an award of 100% of the community property asset to the nonconsenting spouse.

In 2017, Shelly Sterling, wife of former LA Clippers owner Don Sterling, sued Don’s “friend” V. Stiviano under Fam. Code § 1100(b) to clawback money as well as the house from the third party gift recipient. This case was unpublished Sterling v. Stiviano, 2017 Cal. App. Unpub. LEXIS 4916 * | 2017 WL 3083472