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Siefert v. Siefert | 973 N.E.2d 834 (Ohio App. 2012)
We know that an inter vivos gift means a gift made during the gifter, or grantor’s, life, but can an inter vivos gift between spouses actually change the character of property from separate to marital property? In the two thousand twelve Ohio case of Siefert versus Siefert, we examine this question in the context of one souped-up hot rod.
Susan and Edward Siefert were married in two thousand two. The year prior, Susan had bought a nineteen ninety-two Ford Mustang for seventy-five hundred dollars. Title was taken in her name alone.
Once married, the couple spent substantial time, effort, and money to restore the car and ultimately increased its value to over twenty-seven thousand dollars. In two thousand five, Susan transferred the title to be jointly held by her and Edward with rights of survivorship. At this time, the two also executed wills stating that if anything happened to them, the vehicle would be donated to a museum.
The couple subsequently divorced, and the characterization of the car, as well as Susan’s seventy-five-hundred-dollar separate interest in it, came under scrutiny in the equitable distribution of the Sieferts’ marital property.
The trial court determined that Susan relinquished her separate interest in the car when she transferred title to her and Edward. Susan appealed, contending that she never intended to forego her seventy-five-hundred-dollar separate interest in the car.
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