Brewer v. Brewer
175 W. Va. 750, 1985 W. Va. LEXIS 678, 338 S.E.2d 229 (1985)
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Rule of Law:
The statutory presumption that a property transfer between spouses is a gift, as established by W. Va. Code, 48-3-10, applies only to transfers that occur between parties who are legally married at the time of the transfer. For transfers between unmarried persons, including those contemplating marriage, the party claiming a gift was made bears the burden of proving donative intent.
Facts:
- Charles Brewer agreed to purchase a parcel of real estate for $88,000, for which he provided the entire purchase price.
- On August 27, 1982, the day before his planned marriage to Judith Herbaugh, Charles Brewer instructed an attorney to prepare the property deed in both his name and Judith's name.
- The deed was prepared, signed, and recorded on August 27, 1982, listing the grantees as 'Charles Brewer, unmarried, and Judith Herbaugh, unmarried, as joint tenants with the right of survivorship.'
- Charles Brewer and Judith Herbaugh were married on August 28, 1982.
- The couple separated less than one year after their marriage.
Procedural Posture:
- Judith Ann Brewer sued Charles Brewer for divorce in the Circuit Court of Berkeley County (trial court).
- In her amended complaint, Judith requested that she be awarded a one-half interest in the couple's residence and that the property be partitioned.
- The trial court applied the statutory presumption of a gift between spouses and ruled that Judith was entitled to one-half of the house.
- The trial court ordered the property to be sold and the proceeds to be divided equally between the parties.
- Charles Brewer (appellant) appealed the trial court's ruling to the Supreme Court of Appeals of West Virginia.
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Issue:
Does the statutory presumption that a property transfer between spouses is a gift, as established in W. Va. Code, 48-3-10, apply to a property transfer made between two people one day before they are legally married?
Opinions:
Majority - Per Curiam
No. The statutory presumption that a property transfer between spouses is a gift does not apply to a transfer that occurs before the parties are legally married. The court reasoned that statutes must be interpreted using the common and ordinary meaning of their words. The word 'spouse' plainly means a person who is lawfully wedded to another. Because Charles Brewer and Judith Herbaugh were not married at the time the deed was executed, they were not 'spouses' within the meaning of W. Va. Code, 48-3-10. Therefore, the trial court erred in applying the statutory presumption of a gift. The general common law rule applies, which places the burden of proving the donor's intent on the party claiming that a gift was made.
Analysis:
This decision strictly interprets the term 'spouse' in state property law, clarifying that the legal status and its associated presumptions begin only upon a lawful marriage. It prevents the expansion of marital property rights to the pre-marital period, thereby maintaining a bright-line rule for when such statutory protections apply. The case reinforces that for pre-marital transfers, the traditional common law elements of an inter vivos gift must be proven without the aid of statutory shortcuts. This ruling requires parties in similar situations to affirmatively prove donative intent, which can be more difficult than relying on a legal presumption.
