Topic: the burden of proof that the transfer was a gift is upon th… · Go Syfert
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Topic #2988

3 canonical passages across 3 cases, quoted by 9 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Utsch v. Utsch.

#Case FlagCanonical passage Citers
1 Utsch v. Utsch Anchor
va · 2003
green “the burden of proof that the transfer was a gift is upon the party seeking to establish the gift.” 3
2 Cirrito v. Cirrito
vactapp · 2004
green “the burden of proof that the transfer was a gift is upon the party seeking to establish the gift by clear and convincing evidence.” 3
3 Mary Anne Rowe v. Charles S. Rowe
vactapp · 1997
green “the fact that property is jointly titled must be considered by the trial court in determining if a gift was made, but alone, it is insufficient proof of a gift.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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