What is a Gift Affidavit?
In the dissolution of marriage proceedings, motor vehicles can be an important piece. Sometimes, there can be multiple motor vehicles issue. Parties sometimes just consider cars, trucks, SUVs, or vans. But many forget watercraft like boats, jet skis, trailers, and even mobile homes.
During a divorce proceeding, a family court judge has to divide all the marital property and debt in a just manner. At times, parties are able to settle their case. Sometimes, however, a judge may have to divide the marital property and debt after a trial.
No matter the circumstance, it is important for parties to know how these motor vehicles are titled. Sometimes, they are in the name of one spouse or the other. This might be true where a vehicle was purchased prior to the marriage.
More commonly perhaps, the motor vehicle may be in the name of the husband and wife jointly. In these cases, a gift affidavit can be an important part of concluding a divorce.
A gift affidavit is a form signed by one spouse that gives the other spouse the ability to go to the department of motor vehicles to transfer the title in their own name. For example, let’s say there is a car in the name of the husband and wife. But in the divorce decree, the ex-wife is getting the car. In these instances, the ex-husband would often sign a gift affidavit authorizing the ex-wife to transfer the title in her individual name.
This allows the ex-wife to then go to the department of motor vehicles to transfer the title. Without a gift affidavit, a party will often be unable to change the title to their individual name. It is always important to work with a family law attorney if you need a gift affidavit to ensure that it is properly prepared.
Contact a Missouri, Illinois, Kansas, Nebraska, and Oklahoma Property Division Lawyer Today Assisting Clients with Gift Affidavits
Contact Stange Law Firm, PC today to schedule your confidential half-hour consultation with one of our attorneys. You can contact us online or by calling any one of our locations throughout Missouri, Kansas, and Illinois. We have offices in St. Louis, Kansas City, Columbia, Springfield, Wichita, Tulsa, Chicago, Lincoln and beyond.
