Hengst v. Hengst

OPINION OF THE COURT

FLAHERTY, Justice.

The issue on appeal is whether, in the absence of a writing executed by the parties, a savings plan titled in husband’s name alone but treated during the marriage by both husband and wife as property owned by the entireties, constitutes jointly held property. We conclude that it does.

During the marriage, Lonnie E. Hengst, “husband”, elected to participate in a “Thrift Plan” offered by his employer. Under the terms of the plan, the company deducted a certain percentage of husband’s salary for the purchase of U. S. savings bonds in husband’s name and the…