Have you donated money to your son and he is getting divorced? This is what happens with that payment

When parents make a gift to their child while they are married, they never think about what will happen to that money if there is a future divorce. 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 work project or try to boost their wealth. The problem arises if, after having given that money, a couple separates. The big question is: what happens with that money?

It is precisely on this matter that the lawyer David Jimenezan expert in estate planning, wanted to speak out in order to analyze the type of risks it entails and how they can be avoided. The expert has pointed out that the most important thing is clearly define who the recipient of the donation is and document it.

What happens if a father donates money to his son and gets divorced?

“The donation has a private character“, the lawyer began explaining in the video. In fact, this is what marks the article 1346 of the Civil Code. If the donation is made in a clear and express way, it is most likely that is kept as a private propertythat is, it remains outside the marital situation. What’s more, Jiménez has assured that “even if your son is in community property, that money is not incorporated into the community property.”

It must be taken into account that the economic regime of marriage is fundamental in these cases. If the couple is in community property, almost everything that has been acquired during the duration of the marriage is considered to be common. The situation is much simpler if they are separating assets.

Despite this, the expert has stated that if the son has put the donated money into a common checking account, the picture is not very different. “If the donation is clearly defined that it is for my son and not for the marriage, there won’t be any problem“.

And it goes further: “The fact that it is deposited into a common account does not affect the classification of this heritage. The money will remain private“In addition, he said that this has been recognized on different occasions by the Supreme Court.

Given this situation, the most important thing when making this type of donation is leave it documented that the money is for the son. In this way, it is very clear that this is a private amount and cannot be claimed by your partner if there is finally a divorce.