Waggoner v. Waggoner

In these two consolidated appeals, we reverse the portion of the final judgment of dissolution of marriage that treats the Whisper Bay property as a marital asset. The parties agree that, contrary to the trial court’s finding, the husband never transferred title from himself to himself and the wife. Accordingly, no presumption arises that the property is a marital asset. § 61.075(5)(a)5, Fla. Stat. (1997). The undisputed evidence is that the Whisper Bay property was acquired by the husband before the marriage, and that it is a nonmarital asset. § 61.075(5)(b)l, Fla. Stat. (1997). However,…