Buic

Joannes Buie appeals from an order granting summary judgment to Beatriz Buie in his constructive trust and fraud action. He contends there was a triable issue of material fact and summary judgment was improper. We agree and reverse.

Joannes Buie was married to Beatriz Buie prior to 1981. They owned a residence located on West Avenue in Fullerton. In 1981 Joannes executed a quitclaim deed conveying his interest in the West Avenue property to Beatriz. In 1982 Beatriz petitioned for dissolution of the marriage. The August 1982 judgment of dissolution awarded the West Avenue property to Joannes as his separate property. An apartment building which the couple owned was awarded to Beatriz as her separate property.

Following the dissolution judgment, Beatriz remained in the West Avenue property. No documents were executed or recorded showing legal title to be in Joannes. During the subsequent years that Beatriz resided in the property, she paid all mortgage and property taxes. In 1989, Joannes discovered that Beatriz had listed the West Avenue property for sale and filed suit.

Beatriz’s evidence on summary judgment was that following entry of the court order awarding Joannes…