When a husband and wife are living together in a marital home, does the wife have a presumption of ownership over the furniture that was formerly owned by the husband and brought into the marital home?

In Tyrrell v. York (57 Hun 292), the controversy involved furniture formerly owned by the husband and brought by him into the marital domicile. It was there held that when husband and wife are living together under these circumstances, an executed gift may not be proven by mere evidence of possession where there was nothing to show her possession beyond ordinary family use. Here again, no presumption of ownership was indulged in, in favor of the wife. Vice versa the simple appropriation of any portion of her personal property to household use by the husband and wife, or the husband alone, even with her consent, was held not to render it the property of the husband. (Fitch v. Rathbun, 61 N.Y. 579.)