Neely, J., dissenting:
Alert! Sound the alarm for generous parents! Whiting v.
Whiting strikes again!
In this case the marital home was purchased by Mrs.
Pratt's father. His $299,000 check was payable to both parties,
deposited in a joint account and used to purchase the jointly
titled house. Indeed Mrs. Pratt's family gave the parties
substantial gifts throughout their brief marriage that paid for the
parties' high standard of living. However, the majority chooses to
ignore the record and questions why the family law master and the
circuit court awarded the entire value of the home to Mrs. Pratt
and remands the case.
Why does the majority reach this absurd result? Whiting
v. Whiting, 183 W. Va. 451, 396 S.E.2d 413 (1990) (Neely, J.
dissenting). See Koontz v. Koontz, 183 W. Va. 477, 396 S.E.2d 439
(1990)(Neely, J., dissenting); Tallman v. Tallman, 183 W. Va. 491,
396 S.E.2d 453 (1990)(Neely, J., dissenting); Wood v. Wood, 184 W.
Va. 744, 403 S.E.2d 761 (1991)(Neely, J., dissenting). See also
Charlton v. Charlton, 186 W. Va. 670, 413 S.E.2d 911 (1991) (Neely,
J., concurring in part and dissenting in part)(ways a spouse can
rebut the presumption of a gift to the marital estate).
Parents take note: Don't give joint gifts to your
children and their spouses unless you really intend for the gifts
to be equally divided when your children divorce. Legislature take
note: Nobody understands W. Va. Code 48-2-1a(f)  on separate
estate. Maybe you can hire the guys who write the Batman comics to
draw the majority a picture. Certainly nobody listens to me.