In re Marriage of McBride

Illinois Appellate Court
Civil Court
Dissolution of Marriage
Case Number: 
2013 IL App (1st) 112255
Decision Date: 
Tuesday, May 14, 2013
1st Dist.
Cook Co., 2d Div.
Affirmed in part and reversed in part; remanded with directions.
In dissolution trial as to division of property, court properly found that wife rebutted presumption of marital property. Even though wife had signed quitclaim deed transferring title of property she had acquired prior to marriage into joint tenancy, husband had prepared quitclaim documents and did not explain them to wife. Manifest weight of evidence indicated that wife had no intent to gift property. Court erred in finding that husband's payoff of mortgage on that property was intended as a gift. Court properly allowed wife to testify as to her intent in parties' letter requesting closure of joint account and equal distribution of funds into two separate accounts, as letter was not a clear and unambiguous statement relating to dissolution proceedings. (HARRIS and QUINN, concurring.)