Maher

Plaintiff wife appeals from an interlocutory decree of divorce, in her favor. While the notice of appeal is directed to the entire decree, both parties have treated the appeal as relating only to the property division incorporated therein.

The trial covered three days, almost all of which was devoted to the matter of the ownership of a piece of real property, referred to in the record as the 11 Orion Street” property. The trial judge found that this was owned by the parties as joint tenants, though title stood of record in the name of the Title Insurance & Trust Company as trustee for the husband. The original deed of purchase ran to the parties as joint tenants. Subsequently, the wife executed a deed transferring title to the Title Company. It would serve no purpose to set forth the conflicting testimony of the parties as to their intentions. There was evidence sufficient to support the trial court’s determination that the wife did not intend to change her interest by the conveyance into the trust, and that the presumption of intent as to title flowing from the form of the deed of purchase had not been rebutted. Its finding as to the status of the property must stand.

However,…