Gifts and Marriage

Land or chattels or money may be given by husband or wife to each other, but in the case of land it is necessary, and also for their own protection in regard to valuables it is advisable, to execute a deed, because the uncorroborated evidence of oither spouse is, generally speaking, insufficient to prove the gift, so that on death or bankruptcy a third party may succeed in upsetting the claim. As to stocks and shares these must be transferred into the name of the party or into that of a trustee, and in the latter case there must be a deed of trust. If stock or shares are transferred from the wifes name to the husbands or into their joint names the husband is presumed to be acting as trustee for the wife. Where a husband buys property or invests money in his wifes name a gift to her is presumed unless there be evidence of a contrary intention.

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