Illinois Appellate Court
Civil Court
Dissolution of Marriage
Wife took nonmarital (gift and inheritance) funds and used those funds to pay mortgage on property jointly held by husband and wife. Wife did not rebut presumption, with clear and convincing evidence, that the nonmarital property transmutes into marital property. Wife's testimony that she did not intend that her use of those funds to pay down mortgage as a gift to the marrtal estate is insufficient to rebut presumption of transmutation. (CUNNINGHAM and CONNORS, concurring.)