In Re Marriage of Ayres v. Ayres
Court properly found that the appreciate value of gifted shares of stock resulted from “the general accumulation efforts of previous generations and general market conditions” and were therefore nonmarital.
Court properly found that the appreciate value of gifted shares of stock resulted from “the general accumulation efforts of previous generations and general market conditions” and were therefore nonmarital.
Trial court erroneously exercised discretion when it included appreciation of a farm in the marital estate based on contributions to marriage as a whole rather than the individual contributions of each party.
Where the appreciated value of separate property is due solely to general economic conditions, such a inflation or normal appreciate of real estate values, the property remains separate.
Using separate property as collateral to secure a loan to be used for marital purposes does not transmute property.
While 25% husband’s interest in his accounting firm was acquired by gift, it was commingled with the 75% interest he acquired during the marriage.
(1) Property gifted by mother in deposit account is not marital. (2) Court cannot consider contingent interest in property inherited after divorce.
(1) Military disability benefits are excluded from division. (2) Money in bank account from disability remains excluded, but exemption was lost once it was invested in mortgage note.
Transfer of inherited property into joint tenancy changes its character and makes such property part of marital estate.
(1) Income from excluded property is not excluded from marital estate. (2) Property brought into marriage not excluded.
1) Husband manifested intent to make a gift by the conversion of his separate property into a joint tenancy with Wife. (2) The trial court erred in failing to include or consider as marital property all of the payments due Husband from the sale of his interest in his former law practice and by the failure to give any value to the physical assets of his new law practice.