Alaska Supreme Court· 2/16/2018

Kessler v. Kessler

Citations

411 P.3d 616

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

explaining that transmutation by implied interspousal gift “occurs when one spouse intends to donate separate property to the marital estate and engages in conduct demonstrating that intent”
explaining that placing property in joint title is presumptive evidence of intent to convey separate property to marital estate and shifts burden of proof to owning spouse
noting that party claiming separate property has been transmuted into marital property “ha[s] the burden to prove” that the other party “intended to donate the [disputed property] to the marital estate”
stating wife’s contributions to husband’s separate property did not overcome husband’s lack of donative intent to gift property to marital estate
stating findings regarding parties’ intent is factual question reviewed for clear error
first quoting Nicholson v. Wolfe , 974 P.2d 417 , 423 (Alaska 1999) ; and then quoting AS 25.24.160(a)(4)

Source: CourtListener parenthetical corpus (CC0).

Judges: Stowers, Winfree, Maassen, Bolger, Carney

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Cited by

14 cases in this archive cite this case.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

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