Richard Batista and Dawnell Batista were married on August 31, 1990. During the couple’s marriage, Dawnell started to face health complications and had to undergo two kidney transplants, and unfortunately, both transplants did not work. Richard then decided to give his wife, Dawnell, his kidney, in a public statement Richard indicated he did so to save his marriage and to save her life.
Four years after the kidney transplant, Dawnell filed for divorce from Richard. Richard claims that Dawnell began having an affair “18 months to two years after receiving the kidney transplant”, which ultimately led to the couple’s divorce. In the divorce proceeding, Richard asked his soon-to-be ex-wife for his kidney back, or in the alternative, he asked for $1.5 million in the settlement agreement.
The Court had a couple of issues to address in the divorce proceeding, but the Court in Richard Batista and Dawnell Batista court case ruled that an organ may not be exchanged for value in the United States. Because of this, Richard essentially had no rights to his organ, and this prevented the kidney from being considered a gift of value to the marital estate. Therefore, the husband was not able to get his kidney back or any monetary value from the kidney from his soon-to-be ex-wife.
It then raises the question, what is considered a gift of value in a divorce?
Community Property is anything earned by the couple during the marriage. Separate property is anything earned or acquired before marriage or during marriage by bequest, gift, or inheritance.
A gift is considered by definition “a voluntary transfer of personal property without consideration”. If the Court believes the item/property is a gift, there can be no reimbursement of the value of the gift. This is because California law presumes that gifts received during the marriage are the separate property of the person who received the gift. However, it is important to note that a gift can be considered community property if the gifts are of “substantial value”. For the Court to determine if a gift is deemed “substantial value” the Court will look at the couple’s overall financial situation and consider their total assets and income and compare it to the value of the gift.
If the Court determines that a gift given by one spouse to another is considered a “gift of value”, the gift will be considered community property unless either party can present a written agreement to the contrary. This is often known as a transmutation which is an agreement that changes the character of property from community to separate or separate to community.
While it is not the same scenario, Courts apply similar laws when a Spouse asks for reimbursements for the implant or any medical procedure that they have paid for their soon-to-be ex-spouse. Courts have held this act is considered a gift and therefore, the paying party has no rights to reimbursements.
If you have any questions about what is considered separate property, a gift, if the gift is considered “substantial in value, or what community property is considered during your divorce proceeding, please do not hesitate to contact the attorneys at Butler Law, PC. Our attorneys are more than knowledgeable in deciding these kinds of matters.