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Senator Joyner moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 76-89

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and insert:

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     3. All personal property titled jointly by the parties as

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tenants by the entireties, whether acquired prior to or during

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the marriage, shall be presumed to be a marital asset. In the

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event a party makes a claim to the contrary, the burden of proof

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shall be on the party asserting the claim that the subject

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property, or some portion thereof, is nonmarital.

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     4. The burden of proof to overcome the gift presumption

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shall be by clear and convincing evidence.

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     (11) Special equity is abolished. All claims formerly

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identified as special equity, and all special equity

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calculations, are abolished and shall be asserted either as a

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claim for unequal distribution of marital property and resolved

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by the factors set forth in subsection (1) or as a claim of

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enhancement in value or appreciation of nonmarital property.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 13

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and insert:

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provisions to the abolition of special equity; providing

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an

4/22/2008  6:44:00 PM     18-08421-08