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Cases of Interest: Joint Titling
© National Legal Research Group, Inc.
ILLINOIS: In re Marriage of Smith, ___ Ill. App. 3d ___, 638 N.E.2d 384 (1994).
The husband's self-serving testimony that he transferred his premarital stock into joint title only for convenience and not to make a gift did not overcome the presumption that property held in joint tenancy is marital property.
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MAINE: Long v. Long, 697 A.2d 1317 (Me. 1997).
Jointly owned real property is subject to division as marital property even though parts of it were acquired with nonmarital funds.
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NEW JERSEY: Pascale v. Pascale, 274 N.J. Super. 429, 644 A.2d 638 (App. Div. 1994).
By selling her premarital stock and using the proceeds for a down payment on the jointly titled marital home, the wife made an interspousal gift and did not retain a separate ownership interest in the proceeds from the sale of the stock.
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NEW YORK: Haas v. Haas, ___ A.D.2d ___, 695 N.Y.S.2d 644 (1999).
Where the wife deposited two sums of money inherited from her father in a joint account, the money lost its character as separate property.
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TENNESSEE: McClellan v. McClellan, 873 S.W.2d 350 (Tenn. Ct. App. 1993).
Marital residence which was purchased with husband's separate funds but titled in both spouses' names was marital property, but trial court did not err in awarding home to husband.
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VIRGINIA: Bchara v. Bchara, 38 Va. App. 302, 563 S.E.2d 398 (2002).
The mere fact that separate funds are conveyed into a joint account does not prevent the owner from tracing those funds to another source. The husband did not contribute significant efforts toward the increase in value of the wife's separate property by helping her to purchase the property at a more favorable price.
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VIRGINIA: Sprouse v. Griffin, No. 941647 (Va. Sup. Ct. June 9, 1995), rev'g Griffin v. Sprouse, 18 Va. App. 859, 448 S.E.2d 152 (1994).
While their divorce case was pending, the parties agreed to sell their jointly titled marital home and place the proceeds in escrow pending the equitable distribution hearing.
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