Kessler v. KesslerAnnotate this Case
Kenneth Kessler purchased a condominium in the summer of 1999, shortly before he and Dianna Kessler began dating. Kenneth and Dianna lived in that condominium for nearly all of their 15-year relationship. In its property division order following the couple’s divorce, the superior court found that the condominium was originally Kenneth’s separate property but that it had transmuted into the couple’s marital property. Kenneth appealed. The Alaska Supreme Court reversed and remanded. The Court found the condominium only became marital property if Kenneth intended to donate it to the marital estate, and agreed with Kenneth that the evidence at trial did not demonstrate he possessed any such intent. By this opinion, the Court clarified Alaska law on transmutation by implied interspousal gift.