Category: Excluded Property

Wright v. Wright

Husband traced non-divisible stock and there was no evidence of donative intent. Trial court did not err in finding that husband was not responsible for appreciation of company stock. Retained earnings were not marital since they represented insurance proceeds from loss of an asset.

Estate of Lanzendorf

Principles of donative intent are applicable to property classified as individual under a MPA. Tracing is not limited to gifted and inherited property. Analysis does not differ because MPA is applied to determine ownership upon death rather than a divorce.