Section 15.9 Transmutation by Joint Title or Gift to Marital Estate

• Library: Family Law Deskbook and 2014 Supp

a. (§15.9) Transmutation by Joint Title or Gift to Marital Estate

The execution of a deed in joint names represents evidence of a donative intent to create a gift to the marital estate. This is a rebuttable presumption. Inre Marriage of Smith, 785 S.W.2d 764 (Mo. App. E.D. 1990) (citing Kramer v. Kramer, 709 S.W.2d 157 (Mo. App. E.D. 1986), and Allen v. Allen, 770 S.W.2d 529 (Mo. App. E.D. 1989)). This is so even when one spouse furnished all of the consideration. Dollv. Doll, 819 S.W.2d 739 (Mo. App. E.D. 1991) (citing Kramer and Dunsford v. Dunsford, 671 S.W.2d 282, 283 (Mo. App. E.D. 1983)). The cases make it quite clear that only the clearest possible evidence that no gift to the estate was intended may rebut the presumption. “The clear and convincing evidence standard refers to evidence which instantly tilts the scales in the affirmative when weighed against the evidence in opposition, and the fact finder’s mind is left with an abiding conviction that the evidence is true.” In re Marriage of Jennings, 910 S.W.2d 760, 763 (Mo. App. S.D. 1995).

Mere self-serving testimony that there was no intent to make a marital gift is entitled to little weight. See:

· Absher v. Absher, 841 S.W.2d 293 (Mo. App. E.D. 1992)

· Stephens v. Stephens, 842 S.W.2d...