Marriage of Trattles v. Trattles
(1) Use of gift proceeds to buy household furnishings for family use established donative intent and converts character of gift. (2) Money put into joint accounts become marital.
(1) Use of gift proceeds to buy household furnishings for family use established donative intent and converts character of gift. (2) Money put into joint accounts become marital.
Where duplex was purchased with inherited funds as down payment and marital funds making mortgage payments, the value in excess of the down payment is marital.
Gifted property remains separate after sales and exchanges where wife did not exercise control over the property.
(1) Gifted land may be separate from residence built on the land. (2) Amount of appreciation due to general economic conditions accrue to the gift; any amount due to contributions by the non-owning spouse is to be included in the marital estate.
Court can consider prior inherited status as a reason for dividing estate unequally.
Multiple issues addressed by court. See full summary.
(1) No tracing – therefore, property is marital. (2) Artwork hung in home becomes marital property. (3) Gifted stock is not transmuted to marital property by using it as collateral to benefit marital estate.
Trial court erred in concluding that it could not exclude portion of pension acquired before marriage.
Appreciation of corporate stock paid for by dividend income of corporation purchased with inherited funds is marital. The income of the separate corporation is marital per Arneson, so appreciation caused by use of income is also marital.
Multiple issues addressed by court. See full summary.