Thursday, November 6, 2014

An Interspousal gift made during marriage is a marital asset-even if it's a burial plot!




In the case of McKee v. Mick f/n/a McKee, 38 FLW D1795a (Fla 1st DCA) opinion filed August 22, 2013, the DCA found that the appealed amended final judgment of dissolution of marriage incorrectly classified a jointly titled burial plot as the former wife's nonmarital property. Because the former wife received the deed to two burial plots during the marraige as gifts from her aunt and because she added the former husband's name to the deed for one of the plots, that plot became an interspousal gift and subject to equitable distribution. The court also erred in finding that the former husband's 1999 cadillac transferred to him by his mother before she went into a nursing home was NOT marital property as it was an asset acquired separately by noninterspousal gift. See section 61.075(6)(b)2. Fla. Stat. (2011).

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