Evidence Shows Car Was a Gift

The question of disposition of items given as gifts frequently comes up in divorce cases. The Indiana Court of Appeals addresses this issue involving a vehicle in the matter of William A. Brackin v. Peggy J. Brackin, No. 05A02-0803-CV-218. In a case of first impression, the Court agreed with the lower ruling that the husband gifted a car to his wife, despite registering the title in both parties’ names. In this case, the parties had executed a premarital agreement which included a section on interspousal gifts remaining the gift of the “donee spouse.” Evidence in the Brackin case showed that husband’s intent was that the car was a gift to wife and that wife had primary use and possession of the car during the marriage. Read the published opinion:
Brackin_ICA_case_for_News_9.18_.08_.pdf