In re Marriage of Blaine

exception that allows couples to exclude property from the marital estate through a valid agreement. Yet, without the benefit of findings in the record as to whether any of the other exceptions applied, and without itself exploring those exceptions, the court of appeals concluded that the ITD was an effective means of conveying, as separate property, a spouse’s interest in a home acquired during the marriage, given that there was evidence of the conveying spouse’s intent to exclude the property from the marital estate. The supreme court now holds that a party may overcome the marital property…