In addressing whether property is marital, appellate courts defer to trial court findings on the underlying facts. Here, mother admits father's down payment on the home was nonmarital. Mother claims, however, that father gifted an interest in the home to her. A valid gift requires donative intent, delivery of the gift, and absolute disposition of the property. Here, because mother lived in the house and because the house was placed in joint tenancy under mother's name, the only real question regards father's intent.
Intent questions are questions of fact.
Because testimony conflicts regarding father's intent, the question of father's intent is essentially a question of witness credibility. The trial court resolved that question against father and we defer to that resolution. Indeed, affirming a determination that a house held in joint tenancy is marital property is consistent with caselaw. Father argues that certain cash gifts from his parents were gifts to him only and, because they were used to improve the home, they should give him a nonmarital interest therein. Mother argues the moneys were gifts to both parties.