In Gambini v. Hamilton,[1] a divorce case with a variety of issues, the supreme court held that a loan to the ex-husband secured by the ex-wife’s property and taken out prior to the marriage was a marital obligation. To pay off Hamilton’s financial obligations from his dissolving prior marriage and speed along those divorce proceedings so that he could marry Gambini, the couple took out a home equity line of credit (HELOC) secured by Gambini’s cabin. Gambini argued that the HELOC was a personal loan to Hamilton: it was made prior to their marriage and used to assist Hamilton with expenses related to his prior marriage. The superior court recognized a presumption that property is separate if acquired before the marriage, but nevertheless held that the couple’s shared use of the funds to begin their marriage made the HELOC a marital obligation. On appeal, the supreme court noted that the superior court’s reasoning was partly flawed because the mere intent to share property is distinct from the intent to make that property marital. However, additional evidence in the record supported the superior court’s finding of marital intent. The couple made post-marital payments on the HELOC from a joint account, failed to document any separate debts within the loan, and eventually “roll[ed]” the loan into a second, post-marital withdrawal. The supreme court affirmed the superior court’s holding that the loan to the ex-husband secured by the ex-wife’s property and taken out prior to the marriage was a marital obligation.
[1] 440 P.3d 184 (Alaska 2019).
