Marter v. Marter: Husband’s act of planting trees on the wife’s sixty‑acres of inherited property did not convert it into a marital property.
By Laura Morgan, Family Law Consultant
Husband’s act of planting trees on wife’s sixty‑acres of inherited property did not convert the property to marital by virtue of commingling; wife’s brother planted the majority of the trees, the rental payment for the trees was deposited into wife’s separate bank account, and husband’s maintenance efforts on the property were de minimis. Wife’s separate property, consisting of sixty acre’s of inherited land, was not converted to marital by virtue of joint titling. Husband’s payment of property taxes on wife’s separate property with funds from the couple’s joint checking account did not convert the property to marital.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.