Durker

admin-Pauline Durker, individually and as administratrix of the estate of her late husband, William Durker, appeals from a judgment denying her prayer to impose a constructive trust on a 1960 Valiant automobile and the proceeds from a group insurance policy in the possession of respondent, Marie Zimmerman. Appellant contends that these assets were the community property of herself and decedent and that there is no substantial evidence to support the trial court’s findings that they were decedent's separate property.

The facts disclose that appellant and decedent were married in July of 1953. This marriage was never dissolved. In February 1959, appellant and decedent separated and thereafter never lived together as husband and wife. When they separated, decedent took-.the Cadillac automobile and left the furniture with appellant in.their apartment. Some time later, appellant took the furniture to her mother’s home. Subse quently, decedent lived with the respondent. In November 1961, decedent and respondent went through a marriage ceremony.

At the time of his death on February 2, 1962, decedent was insured under a group life insurance policy, the premiums for which had been paid…