Lyle v. Lyle
In Lyle v. Lyle, 15 Ark. App. 202, 691 S.W.2d 188 (1985), the Court stated that when a husband and wife hold property as tenants by the entirety, there arises a presumption of a gift from the party furnishing the consideration.
Lyle involved a husband and wife who made a down payment on forty acres and a house that was held as tenants by the entirety.
In dividing the proceeds, the chancellor credited each party with the amount contributed toward the down payment on the forty acres.
The Court reversed and remanded, holding that although the contributions toward the down payment came from separate funds, the forty acres were held as tenants by the entirety, and, in such a situation, a presumption arises of a gift from the party furnishing the consideration.