Albert W. Barber, Iii v. Elizabeth D. Bradley

Summary

The Kentucky Supreme Court held that funds gifted by Barber's parents were initially his nonmarital property, but that Barber later gifted his nonmarital interest to the marital estate by promising Bradley that the home would be jointly owned and conveying it to them jointly. The court therefore affirmed the equal division of the home's equity. It reversed the personal-property ruling because the trial court failed to classify undisputed and disputed items and improperly ordered division by random drawing rather than in just proportions. Justice Noble, joined in part by Justice Venters, and Justice Wright, dissenting in part, would have required clear and convincing proof of a gift to Bradley and would have restored Barber's nonmarital share.