Bankr. No.:
05-10120
Chapter:
7
Date of Decision:
October 27, 2005
Issue:
(1) What was the estate’s interest in a vehicle that was titled in Debtor and her sister’s name where Debtor contended her sister had given her money to apply on the car debt and her sister had also made some payments directly to the lender? (2) What was the estate’s interest in a bank account jointly owned by Debtor and her mother where Debtor contended her mother had made all deposits into the account?
Ruling:
(1) Sections 43-2-16 and 43-2-17 of the South Dakota Code and Cudmore v. Cudmore, 311 N.W.2d 47, 49 (S.D. 1981), provide that Debtor and her sister own the vehicle as owners in common and take equal shares unless there is evidence that a joint tenancy was created and clear and convincing evidence they intended to own the vehicle in proportion to their contributions. (2) Section 29A-6-103(1) of the South Dakota Code provides that while joint bank account owners are alive, the account belongs to each party in proportion to the net contributions by each to the sum on deposit. Thus, for the estate to have no interest in the account Debtor or her mother must come forward with evidence showing only the mother made deposits into the account.
Full Bankruptcy Court Decision:
