Poll v. Poll
263 P.3d 534
Utah Ct. App.2011Background
- Wife had funds from before marriage deposited in a trust account; funds later used in acquisition of the Property.
- May 18, 2006 Real Estate Purchase Contract listed James C. Poll and Sandra Poll as purchasers for about $2.3 million.
- Warranty deed at closing listed the grantees as James C. Poll and Sandra Poll, Husband and Wife.
- March 16, 2007 warranty deed conveyed the Property solely to Wife.
- January 9, 2009 Wife filed for divorce; trial held May 12–13, 2010.
- Trial court bifurcated, found the Property not marital but Wife’s separate property; supplemental findings and decree followed; Husband appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Property is marital property or Wife’s separate property | Poll contends gift cannot rebut the marital presumption; argues property should be marital. | Poll argues funds and intent show separation; Wife intended to keep Property separate. | Property is Wife’s separate property; not subject to division. |
| Whether the trial court properly weighed evidence and credibility in determining intent | Husband argues trial court abused discretion by crediting Wife and discounting his testimony. | Wife contends court properly weighed evidence and credibility as fact finder. | No abuse of discretion; credibility determinations supported by record. |
Key Cases Cited
- Keiter v. Keiter, 235 P.3d 782 (2010 UT App 169) (deference to trial court in property distribution; abuse of discretion standard)
- Stonehocker v. Stonehocker, 176 P.3d 476 (2008 UT App 11) (fact-intensive gift/inheritance separateness; credibility of witnesses)
- Bradford v. Bradford, 993 P.2d 887 (1999 UT App 373) (gift presumption when transfer to joint tenancy accompanies evident intent)
- Kimball v. Kimball, 217 P.3d 733 (2009 UT App 233) (trial court as fact finder weighs evidence and credibility)
- State v. Workman, 852 P.2d 981 (Utah 1993) (credibility determinations and weight of evidence in bench trials)
- Comer v. State, 51 P.3d 55 (2002 UT App 219) (trial court has discretion to assign relative weight to evidence)