Brewer v. Brewer
West Virginia Supreme Court of Appeals
338 S.E.2d 229 (1985)
- Written by Robert Cane, JD
Facts
Charles Brewer (defendant) and Judith Brewer (formerly Judith Herbaugh) (plaintiff) were engaged to be married when Charles purchased a home with solely his own money. On the day before the two married, an attorney prepared a deed to the home that indicated Charles Brewer and Judith Herbaugh were unmarried and were joint tenants with the right of survivorship. After about a year of marriage, Judith sued for divorce. Judith claimed that the home was a gift from Charles and that she was entitled to one-half of the proceeds from the sale of the home. The trial court found that West Virginia Code § 48-3-10 applied to the transfer of the home, and it provided that a spouse who purchased property and took title in the name of the other spouse is presumed to have the intent to make a gift to the other spouse. Consequently, the trial court awarded Judith a one-half interest in the home.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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