Which of the following items acquired during a 20-year marriage is NOT community property?

• A. A valuable antique desk Jill received as a birthday gift from her uncle
• B. Sailboat Jill received from her mother by intestacy
• C. Two acres unimproved land adjacent to their home that Jack received under his father's will
• D. A beach home purchased with their combined employment savings and titled in Jack's name alone

Answer: (A)

In a community-property framework, property is typically considered community property unless it belongs to one spouse as a separate asset, such as gifts or inheritances received by that spouse. The source of the property is the key: gifts and bequests to a single spouse stay with that spouse, while assets acquired during the marriage with community funds usually become community property regardless of whose name is on the title.

The antique desk is clearly not community property because it was a gift to Jill from a relative. Gifts to one spouse are treated as that spouse’s separate property, even after many years of marriage.

By contrast, an inheritance or bequest received by a spouse (like the sailboat or the land received under a will) is generally separate property. And a beach home bought with both spouses’ savings would typically be community property, even if the deed lists only one name.