- 33 -
an ownership interest, legal or equitable, in the Burlington
property after Mr. Carey received title, and any equitable
interest that Mr. Bowers may have had pursuant to the modified
divorce judgment was extinguished at the time Florence sold the
Burlington property to the Trust.
Under Connecticut State law, neither the husband nor the
wife acquires, by virtue of the marriage, any interest in the
real or personal property of the other during the other's
lifetime. Conn. Gen. Stat. Ann. sec. 46b-36 (West 1995); Tobey
v. Tobey, 165 Conn. 742, 748, 345 A.2d 21, 25 (1974). If the
purchase price is paid by one spouse and the conveyance is taken
in the name of the other, there is a presumption that a gift to
the other spouse is intended. Whitney v. Whitney, 171 Conn. 23,
33, 368 A.2d 96, 102 (1976) (citing Walter v. Home National Bank
& Trust Co., 148 Conn. 635, 638, 173 A.2d 503, 505 (1961)).
However, at the time of entering a divorce decree, "the superior
court may assign to either the husband or wife all or any part of
the estate of the other. The court may pass title to real
property to either party or to a third person or may order the
sale of such real property * * *. " Conn. Gen. Stat. Ann. sec.
46b-81 (West 1995).
From November 10, 1978, until July 26, 1989, Florence held
legal title to the Burlington property in her name alone.
However, the April 15, 1988, divorce judgment provided that the
Burlington property would be sold at a future date, and the
Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 NextLast modified: May 25, 2011