In Re Marriage of Brooks & Robinson

I. INTRODUCTION

After Michael W. Brooks and Annikkawa A. Robinson were married, Robinson took title to certain residential property solely in her name without reference to the marital relation. Brooks agreed that title would be held in Robinson’s name. When they separated, Robinson moved out and Brooks remained in the house. Shortly before Brooks filed a petition for dissolution of their marriage, Robinson sold the property to Executive Capital Group, Inc. (ECG). Brooks then filed a “Complaint for Joinder” against ECG for a declaration that the property was community property and requesting that the transaction be set aside because he had not joined in the conveyance. The issues raised by the complaint for joinder were bifurcated from the family law proceedings and tried to the court. The court rejected Brooks’s claims and entered judgment for ECG. We affirm.

II. SUMMARY OF FACTS

Brooks and Robinson were married in 1997. In October 2000, they purchased a home in San Bernardino (the Property). The money for the downpayment was paid from Brooks’s earnings; Robinson did not contribute any money. Their real estate agent recommended that title be taken solely in Robinson’s…