Joint Titling
VIRGINIA: Cirrito v. Cirrito, 44 Va. App. 287, 605 S.E.2d 268 (2004).
One million dollars paid to the husband as consideration for performing a covenant not to compete was marital property, where the noncompetition period occurred during the marriage, even though the contract was signed shortly before the marriage began. The trial court did not err by finding that a transfer of separate property into joint title for the purpose of protecting the property from creditors was not intended as a gift.
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NORTH CAROLINA: Goldston v. Goldston, 159 N.C. App. 180, 582 S.E.2d 685 (2003).
The husband physically moved his separate property home from a separate property lot to a marital property lot titled in the names of both parties as tenants by the entirety. A trial court holding that the house became marital property was reversed. The joint title gift presumption applies only to property acquired in joint title during the marriage. Since the home was acquired before the marriage, no presumption of gift applied. The evidence was not sufficient to prove that the husband intended to make a gift of the home to the marital estate. Thus, the combined house and new lot were part marital and part separate property.
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FLORIDA: Zangari v. Cunningham, 839 So. 2d 918 (Fla. Dist. Ct. App. 2003).
The joint title gift presumption is not rebutted merely by evidence that one spouse made a separate property down payment on jointly titled property.
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