Tuesday, April 11, 2017

"An invoice cannot be said to be dispositive of ownership."

An interesting art-related decision in the matrimonial context.  The question was whether certain works of art purchased during the marriage were the husband's separate property or were jointly held.  The court held that the fact that the invoice was in the husband's name alone was not the end of the inquiry:  "We conclude that title to personalty cannot be determined by relying solely upon an invoice. In determining title to the artwork in question, all the facts and circumstances of the acquisition and indicia of ownership must also be considered."