JOHN H. GAY, APPELLANT,
v.
EILEEN G. GAY, APPELLEE
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The court affirmed the trial court's judgment in a divorce case, holding that appellant failed to establish a purported life estate conveyed by his wife as a valid gift, applying the presumption that conveyances between spouses are not intended as gifts.
A conveyance from a wife to her husband is presumed not to be a gift, and the trial court's finding that appellant failed to establish the purported life estate as a valid gift is supported by sufficient evidence.
[1] A conveyance of property from a wife to her husband carries a presumption that it is not intended as a gift.
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Join FLexlaw to unlock all legal intelligenceIn a divorce proceeding, appellant sought to establish that a life estate in land owned by appellee constituted a valid gift to him.…
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Appellant seeks review of an adverse final judgment of divorce rendered in favor of appellee. The principal question preserved on appeal is the sufficiency of the evidence to support that provision of the judgment which found appellant had failed to establish that the purported life estate conveyed to him by appellee in the land owned by her constituted a valid gift.1
In our review of the issues presented for decision, we have given due consideration to the applicable principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. It is not the province of this court to substitute its judgment for that of the trier of the facts. The evidence in the record before us, when coupled with the presumption that a conveyance from a wife to her husband is not intended as a gift of the property conveyed,2 is sufficient to support the findings made and conclusions reached by the trial court. We are not inclined to disturb the settled legal principles articulated in the decisions hereinabove cited by revolutionizing the law relating to inter-spousal conveyancing as a gesture toward insuring/ equality of the sexes. The judgment appealed is affirmed.
SPECTOR, C. J., and WIGGINTON, and CARROLL, DONALD K., JJ„ concur.
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Kuhn v. Kuhn, 261 So. 2d 532 (Fla. 3d DCA 1972)…ium apartment. This apartment belonged to the wife before marriage but was transferred to their joint names following marriage. We hold that the finding of the trial judge was correct and no error has been demonstrated. See Gay v. Gay, Fla.App.1971, 254 So. 2d 801; Hegel v. Hegel, Fla.App.1971, 248 So. 2d 212. In the second appeal, appellant urges that the trial court’s order was entered as a result of a motion addressed to the court after the time for filing a motion for rehearing had passed; it is argued t…
Authorities Cited
- Agatha F. Allen v. Allen, 123 So. 2d 355 (Fla. 2d DCA 1960)
- Schoenrock v. Alvina N. Schoenrock, 202 So. 2d 571 (Fla. 2d DCA 1967)
- Mays v. Eleanore Ball Mays, 203 So. 2d 674 (Fla. 3d DCA 1967)