gift presumption (North Carolina) · Go Syfert
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gift presumption in North Carolina

9 North Carolina opinions name it 1 courts 1985–2021 2 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Mims v. Mimsgreen
nc · 1982 · cited in 4 North Carolina opinions naming this issue, 1985–2021
2 sentences

1985Id. *153 Various judicial presumptions have developed affecting the entireties estate, Porter, supra, at 1000, notably the gift presumption made applicable to both spouses in Mims v. Mims, 305 N.C. 41 , 286 S.E. 2d 779 (1982).

1985Id. *153 Various judicial presumptions have developed affecting the entireties estate, Porter, supra, at 1000, notably the gift presumption made applicable to both spouses in Mims v. Mims, 305 N.C. 41 , 286 S.E. 2d 779 (1982).

14

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Burnett v. Burnett green
ncctapp · 1996
2 sentences

2020Under the gift analysis discussed in Burnett v. Burnett, 122 N.C.

2020Under the gift analysis discussed in Burnett v. Burnett, 122 N.C.

22020–2020
McLean v. McLean green
ncctapp · 1987
2 sentences

2011“Whether defendant succeeded in rebutting the presumption of gift to the marital estate by clear, cogent and convincing evidence is a matter left to the trial court’s discretion.” McLean v. McLean, 88 N.C.

1990"Whether defendant succeeded in rebutting the presumption of gift to the marital estate by clear, cogent and convincing evidence is a matter left to the trial court's discretion." McLean v. McLean, 88 N.C.

21990–2011
Walter v. Walter green
ncctapp · 2002
1 sentence

2003App. 723 , 561 S.E.2d 571 (2002), plaintiff argues that, by moving the house to the Waccamaw Shores lot titled to both plaintiff and defendant as tenants by the entireties, defendant made a gift to the marital estate, and that it was defendant’s burden to overcome this gift presumption.

12003–2003
McLean v. McLean green
nc · 1988
2 sentences

1990Id. at 552 , 374 S.E.2d at 382 .

1990Id. at 552 , 374 S.E.2d at 382 .

11990–1990
Loeb v. Loeb green
ncctapp · 1985
1 sentence

1985The marital gift presumption follows naturally from this Court’s previous decisions in Loeb, 72 N.C.

11985–1985
Sawyer v. Sawyer green
ncctapp · 1981
1 sentence

1985Id. *153 Various judicial presumptions have developed affecting the entireties estate, Porter, supra, at 1000, notably the gift presumption made applicable to both spouses in Mims v. Mims, 305 N.C. 41 , 286 S.E. 2d 779 (1982).

11985–1985

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 50-20 (8)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 27 (1922–2026) AZ 23 (1976–2024) IL 14 (1968–2020) TX 12 (1991–2026) NC 9 (1985–2021) NY 8 (1894–2006) OH 8 (1963–2018) ND 8 (2008–2024) FL 7 (1967–2019) MS 7 (1994–2010) WA 5 (2009–2015) KY 4 (2003–2025) MT 4 (1932–2024) PA 4 (1938–2015) MA 4 (1931–2003) UT 3 (1983–2011) NJ 3 (1949–2021) VT 3 (1907–2007) MD 3 (1975–1989) AK 2 (2023–2025) NV 2 (2011–2020) MO 2 (1977–2011) OK 2 (2006–2015) IA 2 (1968–2019) WV 2 (1995–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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