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What is a gift affidavit?

On Behalf of | Apr 21, 2021 | Divorce |

There are many assets you may have to list or divide during your Nebraska divorce, and the process is often difficult when it comes to the division of property. Vehicle transfers, for example, can be especially problematic, but a gift affidavit may make the process easier.

According to JD Supra, a gift affidavit can transfer the title of vehicles, including boats, trailers and campers when the court awards them to an ex-spouse during divorce proceedings. Understanding the details of this document may make your divorce proceedings simpler.

Using the affidavit

You can request a gift affidavit for one or more vehicles registered either in your name or in both your and your ex’s name, depending on what the court decides. Once you receive the document, you simply sign any vehicle over as a gift, which legally transfers it over in the eyes of the court and of the Nebraska Department of Motor Vehicles. Advantages of a gift affidavit

Advantages of a gift affidavit

Using a gift affidavit has several advantages for both you and your ex-spouse. Not only is the document simple to use, but it may also assist with other issues that can crop up during divorce proceedings, such as:

  • Document entanglements
  • Communication breakdown
  • Disagreements over how to transfer ownership of property

If you and your ex-spouse do not communicate well as a result of the divorce, then using a gift affidavit to transfer a vehicle may streamline the process.

If you wish to use a gift affidavit, you can do so no matter when you purchased the vehicle in question. You may need a clear title before you sign the affidavit.