Prove that a gift of that interest was not intended

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Reference no: EM133239781

Case: The court was correct in categorizing the property as marital property since the property was owned jointly by both the husband and wife, as mentioned above, as owned by tenancy by the entirety. Furthermore, "the act of placing the property in tenancy by the entireties would support the conclusion that a gift was intended unless evidence to the contrary was produced." 23 Fla. Prac., Florida Family Law § 11:7. The remaining properties owned by the couple presumably were attained during the 26-year marriage. In Florida, the courts use equitable distribution to divide a married couple's assets upon marriage dissolution.

Similar to the Robertson case, it is well established in Florida that "the 1988 statute has shifted the burden of proof by creating a presumption that property transferred to a tenancy by the entireties is marital, regardless of its original acquisition.

It is up to the spouse who claims a special equity interest to prove that a gift of that interest was not intended." Robertson v. Robertson, 593 So. 2d 491, 494 (Fla. 1991).

Reference no: EM133239781

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Prove that a gift of that interest was not intended : It is up to the spouse who claims a special equity interest to prove that a gift of that interest was not intended." Robertson v. Robertson, 593 So. 2d 491, 494

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