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In re Marriage of Dale11/20/2003
marital residence. The court rejected wife's claim that the furniture was a gift to her from her mother and, therefore, her separate property. Instead, it found that the parties had shopped for the furniture together and that they contemplated it would be marital property.
The marital presumption can also be overcome by showing that the property was acquired by gift. Section 14-10-113(2)(a), C.R.S. 2003; In re Marriage of Bartolo, supra. To qualify as a gift, a transfer of property must involve a simultaneous intention to make a gift, delivery of the gift, and acceptance of the gift. In re Marriage of Balanson, supra. That determination hinges fundamentally on the intent and acts of the donor and recipient, which, in turn, are questions of fact for the trial court to resolve. In re Marriage of Bartolo, supra.
We conclude that, contrary to the court's finding, the furniture was a gift from wife's mother. However, the evidence overwhelmingly supports a determination that the gift was made to both parties as a contribution to the marital estate. Therefore, the trial court's classification of this asset does not constitute an abuse of discretion. See In re Marriage of Anderson, 525 P.2d 499 (Colo. App. 1974)(not published pursuant to C.A.R. 35(f))(upholding division of real property gifted by parent to both parties as part of the marital estate).
The judgment is affirmed.
JUDGE DAILEY and JUDGE PIERCE concur.
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