Hoskinson v. Hoskinson

Reed Hoskinson (plaintiff) and Elizabeth Hoskinson (defendant) married in 1997. In 1998, two quitclaim deeds were executed on Reed’s home as part of a loan closing. One deed transferred the home from Reed to Reed and Elizabeth as husband and wife, and the other deed transferred Elizabeth’s interest in the home to Reed. Both deeds were executed on the same day, but only the deed from Elizabeth to Reed was initially recorded. The deed from Reed to Reed and Elizabeth was recorded several weeks later. Reed subsequently filed for divorce. In response, in relevant part, Elizabeth sought to classify Reed’s home as community property, arguing that the deed from Reed to Reed and Elizabeth as husband and wife transmuted the home from Reed’s separate property into community property. Reed challenged, arguing that he signed the deed from Reed to Reed and Elizabeth by accident because it was presented to him as part of the pile of documents that he needed to sign at the loan closing. Reed testified that he had not intended to gift his home to the community, and only Reed was listed on the loan documents. There was no evidence establishing which of the two quitclaim deeds was signed first. The magistrate classified Reed’s home as his separate property, holding that Elizabeth failed to prove Reed’s intent to transmute the home into community property by clear and convincing evidence. On appeal, the district court affirmed. Elizabeth appealed to the Idaho Supreme Court.