Gifts
FLORIDA: Lakin v. Lakin, 901 So. 2d 186 (Fla. 4th Dist. Ct. App. 2005)
A jointly titled commingled account containing a three-way mixture of marital property, the husband's nonmarital property, and the wife's nonmarital property was properly classified as a marital asset, as the separate interests (which probably could not be traced on the facts in any event) had been given to the marital estate. The husband's decision to transfer the balance in the account to a separately titled account on the eve of the divorce was evidence of donative intent, for he clearly treated the wife's nonmarital interest as marital property, and that treatment suggests an intent to likewise treat his own nonmarital interest as marital property.
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ILLINOIS: In re Marraige of Barnett, 344 Ill. App. 3d 1150, 802 N.E.2d 279 (2003).
During the marriage, the husband conveyed a separate property account from his sole name into the wife's sole name to protect the account from certain creditors. The court affirmed a lower court decision holding that the husband acted with true donative intent, so that the transferred account was the wife's separate property. The court also affirmed an order preventing the husband from introducing further evidence on the parties' finances after a series of significant discovery violations.
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