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Brewer v. Brewer

West Virginia Supreme Court of Appeals

338 S.E.2d 229 (1985)

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

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Issue

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Holding and Reasoning (Per curiam)

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