Does Property of a Wife Prior to Marriage and Transferred During Marriage to Herself and Her Husband Become Marital Property ?

The case of Brown v. Brown, 352 Pa. Super. 267, 507 A.2d 1223 (Pa.Super. 1982), resolved the issue of whether property held individually by one spouse prior to marriage and transferred during marriage to a tenancy by the entireties becomes marital property for purposes of equitable distribution. The wife transferred title of the property at issue to herself and her husband for valuable consideration, by a deed that was duly recorded. Brown, 507 A.2d at 1224. The Court found that a valid gift to the marital estate occurred. However, our holding that "the presumption of an estate by the entireties, and that a valid gift ensued therefrom, may be overcome by clear and convincing evidence to the contrary" was later overruled by Sutliff v. Sutliff, 518 Pa. 378, 543 A.2d 534 (1988). Id., 507 A.2d at 1225; Mackalica v. Mackalica, 716 A.2d 653, 655 (Pa.Super. 1998). Our Supreme Court held that it is sufficient to rebut the presumption of marital property by a preponderance of the evidence. Mackalica, 716 A.2d at 655-656.