Barber v. Bradley

I join Justice Noble’s well-reasoned concurring in part and dissenting in part opinion in most respects. However, I would apply the clear and convincing standard slightly differently on the point of whether the husband had made the wife a gift of the marital residence. In Justice Noble’s separate opinion, she states that “the burden of proving this gift would be on the wife.” I agree with this statement. But, Justice Noble concludes that sentence by stating “proof must be sufficient to overcome the presumption that property owned during the marriage is marital.” I believe that whether the…