- Alaska Statutes.
- Title 34. Property
- Chapter 77. Community Property Act
- Section 50. Gifts of Community Property to Third Persons.
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. Management and Control of Property of Spouses.
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. Certain Property Transactions Between Spouses.
AS 34.77.050. Gifts of Community Property to Third Persons.
- (a) A spouse acting alone may not give to a third person community property that the spouse has the right to manage and
control unless the value of the community property given to the third person does not aggregate more than $1,000 in a
calendar year, or a larger amount if, when made, the gift is reasonable in amount considering the economic position of
- (b) A gift of community property to a third person that is not allowed under (a) of this section is subject to (d) of this
section unless both spouses act together in making the gift or the other spouse ratifies the gift.
- (c) Reporting any part of a gift made by the other spouse on a United States gift tax return under 26 U.S.C. 2501 - 2524
or consenting to the treatment of a gift under 26 U.S.C. 2513 (Internal Revenue Code) by signing the consent on the
other spouse's United States gift tax return is treated as the spouses acting together in making the gift.
- (d) If a gift of community property by a spouse does not comply with (a) of this section, the other spouse may bring the
action against the donating spouse, the recipient of the gift, or both. The action must be commenced within the earlier
of one year after the other spouse has notice of the gift or three years after the gift. If the recovery occurs during
marriage, it is community property. If the recovery occurs after a dissolution or the death of either spouse, the
recovery may not exceed one-half of the value of the gift and is individual property.
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