Property Acquired by Gift, Devise, or Bequest
Community Property · Lesson 07
Property Acquired by Gift, Devise, or Bequest
這一課問的是：婚內以贈與、遺贈、繼承取得之財產如何分類？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
How is property acquired during marriage by gift, devise, or bequest characterized?
這一課問的是：婚內以贈與、遺贈、繼承取得之財產如何分類？
Trigger words & phrases that should flag this issue:
giftinheritancedevisebequestreceivedintent
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
gift
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Voluntary transfer without consideration.
贈與。
devise
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Gift in will.
遺贈。
bequest
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Gift in will (personalty).
遺贈（動產）。
donative intent
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Donor's intent re individual or both spouses.
贈與意圖。
rents and profits of SP
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Generally SP.
SP 之租金與利益。
commingled gift
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SP gift mixed with CP retains SP via tracing.
混同。
Rule Sentence · the workhorse
Property acquired by either spouse during marriage by gift, devise, or bequest is the recipient spouse's separate property; rents, profits, and income from separate property generally remain separate property absent transmutation.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人recipient spouse受贈配偶
Act 行為receiving gift/inheritance接受贈與/繼承
Object 對象property財產
Standard 法律標準donative intent + tracing贈與意圖 + 追蹤
Consequence 後果SP characterizationSP 分類
Casebook Snapshot · a real American case
In re Marriage of Aufmuth
Holding. When community funds are used to acquire property titled in one spouse's name as separate property, an unrebutted presumption arises that the title-holding spouse takes a gift of the community funds — making the property SP. Modern §2581 reverses this for community-titled property.
Why it matters. Aufmuth demonstrates title-based presumptions; modern statutes have altered some of these defaults.
Aufmuth：以名義為基之贈與推定；現代法已修改部分。
Common Mistakes · what trips students
✗ inheritance 婚後即變 CP。
✓ Remains SP.
保持 SP。
✗ rents from SP 為 CP。
✓ Generally remain SP.
通常保持 SP。
Mini IRAC · build the Application
Issue. Is the $100,000 H received as a gift from his uncle during marriage H's separate property?
Rule. Property acquired by gift during marriage is the recipient spouse's separate property.
Application (model). H received the $100,000 gift from his uncle, intended for H alone. Because property acquired by gift during marriage is the recipient spouse's SP, the fact that the gift was made to H alone with that donative intent means the $100,000 is H's SP.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the $100,000 is H's separate property.
MBE Check · multiple choice
H's SP rental property generates $40,000/year in rents during marriage. Are the rents CP or SP?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: