Analysis: Weise

Facts: The Husband invested separate money in the purchase of the jointly titled marital home, which was always marital property. The home was refinanced three times through joint loans. In the third refinance, the parties took out some cash that they divided 50/50.

Issue: Was the husband’s separate investment traceable back to his separate funds despite the refinances and 50/50 payout of some cash, or did his money become marital property?

Ruling: Husband can and did trace the origin of his separate contribution to the acquisition of marital property, and wife was unable to prove the husband’s contribution was intended as a gift from the husband to her.

Comment: If it’s a gift, get it writing!