In Re the Marriage of Smith

PREWITT, Judge.

Appellant contends that the trial court erred in awarding a certificate of deposit and a residence to Respondent as her separate property. He states that the record establishes that these assets were marital. It is undisputed that there was sufficient evidence to establish that these assets were acquired in exchange for assets owned by Respondent prior to the marriage. However, it is also without question that the properties were titled in both parties’ names.

Placing certificates of deposit or real property in both spouses’ names creates a presumption that a gift was intended…