Romulus v. Romulus: A previously separate real property becomes titled by the entireties, the law presumes the transfer to be a gift to the marital estate.
By Laura Morgan, Family Law Consultant
When previously separate real property becomes titled by the entireties, the law presumes the transfer to be a gift to the marital estate; this presumption may be rebutted only by clear, cogent, and convincing evidence that there was no donative intent to make a gift to the marriage on the part of the alleged donor spouse.
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.
Reprint with permission.
The property was an older farmhouse-type single-family dwelling with several outbuildings, including a barn and a garage. The improvements were situated on a total of two parcels, under single ownership, that offered a total of 28+ acres. The home was located within a Philadelphia suburban market that has grown exponentially over the past ten years.