Baker v. Baker’s Empirical Analysis
1952
Citation profile
49 state decisions
How this case has been cited
Cited by 51 later decisions — most recently December 2020 · most notably 85 Ill. 2d 217 - In Re Marriage of Rogers (1981), 28 Ill. 2d 347 - Rodely v. Rodely (1963)
49 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Lindroth v. Walgreen Co. · Bowman v. Pettersen · Spina v. Spina · Moneta v. Hoinacki · Nickoloff v. Nickoloff
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The mere circumstance that a husband purchased the property placed in joint tenancy with his wife does not make him the equitable owner of her interest. Property voluntarily conveyed by a husband to his wife, without fraud or coercion is presumed to be a gift, notwithstanding the fact the husband purchased the property with his own money, and the wife may hold the property against him. [Citations.] This presumption of fact is not conclusive but may be rebutted by proof. It can only be overcome by clear, convincing, and unmistakable evidence that no gift was intended. [Citations.] It is often said the presumption of gift is not to be frittered away by mere refinement.””
1 later decision quote this exact passage · from the majority““Whenever a divorce is granted, if it shall appear to the court that either party holds the title to property equitably belonging to the other, the court may compel conveyance thereof to be made to the party entitled to the same, upon such terms as it shall deem equitable.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.