In Re Marriage of Mathews

Yatsuko A. Mathews (Wife) appeals a judgment in favor of Todd C. Mathews (Husband) in a marriage dissolution proceeding awarding Husband their residence as his separate property. This action arose when the parties could not agree on the characterization of the residence, which Wife had quitclaimed to Husband. Wife contends: (1) the trial court erred by placing the burden of proof on her to establish the quitclaim deed was the result of husband’s undue influence; (2) Husband had the burden of proof to rebut a presumption of undue influence over Wife; and (3) Husband did not rebut the presumption of undue influence by clear and convincing evidence. She argues the residence should be characterized as community property. We conclude the trial court erred in not applying the proper burden of proof standard; however, substantial evidence supports the court’s findings that no undue influence existed and the residence is Husband’s separate property. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

We note that Husband has been served with the notice required by California Rules of Court, rule 17(a)(2). Husband did not file a respondent’s brief. Accordingly, the case…