Marriage of Skarbek
Washington Court of Appeals
100 Wash. App. 444, 997 P.2d 447 (2000)
- Written by Liz Nakamura, JD
Facts
John Skarbek (plaintiff) and Dina Skarbek (defendant) divorced after approximately three years of marriage. After the marriage, John opened a joint savings account with Dina into which he deposited his premarital separate funds. During the marriage, John’s paycheck and other community funds were deposited into the joint savings account, commingling with John’s separate funds. At a hearing to divide the Skarbeks’ property, John presented sufficient documentary evidence to identify and trace $46,000 of separate funds held in the joint savings account. The total balance of the account at the time of divorce was approximately $84,000. The trial court awarded John his $46,000 and then divided the remaining balance between John and Dina. Dina moved for reconsideration. On reconsideration, the trial court reversed its own ruling and instead held that John made a gift to the community by transferring the $46,000 in separate funds into the joint savings account. Accordingly, the trial court awarded Dina half of the total balance of the joint savings account. John appealed.
Rule of Law
Issue
Holding and Reasoning (Sweeney, J.)
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