CECIL W. GRANT, APPELLANT,
v.
FAYE J. GRANT, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed that husband gifted wife a one-half interest in the marital home by placing property in both names and funding construction from their joint account, but reversed and remanded regarding inconsistent treatment of wife's bond purchases from the same joint account.
A husband who places property in both spouses' names and funds construction from their joint account gifts the wife a one-half interest in the marital home, even though construction began before marriage and all funds came from the husband's separate property.
[1] Placement of property in both spouses' names and deposit of construction funds in a joint account constitutes a gift of marital interest even when the property was acquir…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“husband gifted wife with a one-half interest in the home by placing the property in both parties' names prior to the marriage, and by depositing the funds for construction in their joint account”
Court's explanation of why wife acquired one-half interest despite husband providing all separate funds
Husband and wife were married; construction of a home began before their marriage using funds from husband's separate property, but the property was p…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Separate Property cases and more on FLexlaw
PER CURIAM.
Appellant, Cecil W. Grant [“husband”], seeks review of certain provisions of the final judgment of dissolution of his marriage to appellee, Faye J. Grant [“wife”]. We conclude that the trial court did not reversibly err in concluding that husband and wife each owned a one-half interest in the marital home. Although the construction of the home began before the parties’ marriage and all of the monies for the construction were contributed by husband from his separate funds, the record supports the finding that husband gifted wife with a one-half interest in the home by placing the property in both parties’ names prior to the marriage, and by depositing the funds for construction in their joint account.
We agree with appellant, however, that the lower court’s ruling on the distribution of the marital home appears inconsistent with the lower court’s failure to award appellant any interest in bonds purchased by wife with funds she also had deposited in their joint accounts. Indeed, this point was conceded by appellee at trial. The court may have determined that the appellant’s entitlement to an interest in the bonds was not asserted but the issue was tried by the consent of the parties and should be dealt with by the lower court. We remand for this purpose.
AFFIRMED in part; REVERSED in part; and REMANDED.
DAUKSCH, GRIFFIN and ANTOON, JJ., concur.