Brewer v. Brewer

In this divorce proceeding the Circuit Court of Berkeley County awarded the appellant’s wife, Judith Ann Brewer, one-half of the proceeds from the sale of the parties’ marital residence. The appellant, Charles Brewer, claims that he purchased the residence prior to the parties’ marriage and that the trial judge, basing his decision upon the statutory presumption that transfers between spouses are gifts, erroneously awarded the wife a one-half interest in the house. We agree, and we reverse the decision of the circuit court.

The appellant and Judith Ann Herbaugh were married on August 28, 1982.…