Alaska Supreme Court

Kelly Brennan, Appellant v. Rachael Brennan, Appellee.

August 10, 2018425 P.3d 99

Summary

The court held that the superior court used the wrong legal standard in determining that Kelly's premarital IFQs had transmuted into marital property because it focused on conduct suggesting an intent to treat the IFQs as marital rather than Kelly's intent to convey them to the marital estate. It therefore reversed the IFQ characterization and related post-separation sale awards, remanding for reconsideration of any marital interest and of the overall property division. The court affirmed the remaining challenged rulings, but required an explanation for awarding Rachael gross rather than net proceeds from the vessel sale.