In Re Marriage of Campbell

Jean E. Campbell (Jean) appeals that portion of a judgment, in an action for dissolution of marriage, that awarded real property (the Keaton property) to Robert G. Campbell (Robert) as his separate property. In particular, she challenges the trial court’s order that precluded the presentation of extrinsic evidence designed to show that Jean had an ownership interest in the Keaton property as the result of an alleged oral transmutation of the Keaton property.

Three primary issues on appeal are presented: (1) whether Jean waived her claim to an ownership interest in the Keaton property; (2) whether the trial court erred in rejecting proffered extrinsic evidence of an alleged oral transmutation under Family Code section 852 ; and (3) whether her appeal is frivolous. We affirm.

I. Facts and Background

Jean and Robert were married on December 6, 1991, and a judgment of dissolution of their marriage was entered on June 4, 1997. During this time, the couple lived in a home on the Keaton property that Robert owned prior to marriage.

Robert is a professional aerial photographer and pilot. During the first years of marriage, he had little or no income due to a downturn in the…