Where one spouse purchases real or personal property and pays for the real or personal
property, but takes title in the name of the other spouse, the transaction, in the
absence of evidence of a contrary intention, is presumed to be a gift by the spouse
so purchasing to the spouse in whose name the title is taken: Provided, That in the
case of an action under the provisions of article seven of this chapter wherein the
court is required to determine what property of the parties constitutes marital property
and equitably divide the same, the presumption created by this section does not apply,
and a gift between spouses must be affirmatively proved.
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