Wednesday, February 1, 2012

Third DCA Affirms Finding Funds are Marital

The Third District Court of Appeal affirmed today, per curiam, the lower court’s finding in Toral v. Toral, that certain funds were marital property.  The Court found that the husband had not only commingled the originally non-marital property with marital funds, but that he had agreed to transfer the entire account containing them to the wife’s mother in order to earn a higher interest rate.  The lower court determined based on this that a gift was intended, and the Third District was unable to set aside that determination of credibility.

2 comments:

Reylan | Labor Posters said...

So in that case I'm letting my mother-in-law to have rights in some of my property?

Christopher Chopin said...

The Court didn't discuss the rights of the mother-in-law per se, but merely ruled that, by commingling funds into an account and then agreeing to transfer them to the mother-in-law's possession, an interspousal gift of non-marital assets to the now former wife was effected...

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