Barber v. Bradley

The wife in this case raised a “gift” claim—that her husband gave her a one-half interest in the marital home. The lower courts found that he did, but either completely misconstrued this argument, or failed to require that she prove this claim by clear, and convincing evidence.

First, if the wife was claiming the property as a gift, then she was asking the court to award her half the value of the home as her separate, or nonmarital properly. That is how a “gift” must be addressed under Kentucky law. If one half of the .marital residence was truly gifted to her, then that half lost any…