Clear and convincing evidence existed to rebut presumption that husband intended to gift two properties purchased with his separate funds, for benefit of his daughters from previous marriage, to marital estate, even though husband and wife took title as joint tenants; closing company in charge of handling the transaction erroneously placed the properties in joint tenancy, mortgagee testified that husband was to take title in his individual name, sale contracts indicated buyer as husband’s trust, and wife did not dispute that properties were purchased with husband’s separate property.
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 website. www.famlawconsult.com