Section 9-11-513 - Control of one spouse's separate property by other spouse - Presumption of agency or trusteeship

The fact that a married person permits his or her spouse to have the custody, control, and management of separate property shall not of itself be sufficient evidence that the married person has relinquished title to the property. However, the presumption shall be that the spouse is acting as the agent or trustee of the other. This presumption may be rebutted by any evidence establishing a sale or gift of the property to the other spouse.Acts 1875 (Adj. Sess.), No. 91, § 4, p. 172; C. & M. Dig., § 5594; Pope's Dig., § 7244; Acts 1981, No. 873, § 9; A.S.A. 1947, § 55-412