Marr. of Valli

Concurring.—I agree with the majority opinion, which I have signed. I write separately to discuss a threshold question that has been the primary focus of the briefs of the parties and amici curiae: What role, if any, does a common law rule codified in Evidence Code section 662 (section 662) have in determining, in an action between the spouses, whether property acquired during a marriage is community or separate?

Family Code section 760 provides: “Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” Family Code section 802 refers to the “presumption that property acquired during marriage is community property.” In combination, these statutes provide a presumption that property acquired during the marriage is community property. (In re Marriage of Benson (2005) 36 Cal.4th 1096, 1103 [ 32 Cal.Rptr.3d 471 , 116 P.3d 1152 ].) (I will sometimes refer to this presumption as the section 760 presumption.) It appears this presumption can be overcome by a preponderance of the evidence. (In re Marriage of Ettefagh (2007) 150 Cal.App.4th 1578 [ 59…

*1399 Opinion

During a marriage the husband used community property funds to purchase an insurance policy on his life, naming his wife as the policy’s only owner and beneficiary. Upon dissolution of the marriage, is the life insurance policy community property or the wife’s separate property? We conclude that, unless the statutory transmutation requirements have been met, the life insurance policy is community property. Because the Court of Appeal reached a different conclusion, we reverse that court’s judgment.

I

After a 20-year marriage, Frankie Valli (husband) and Randy Valli (wife) separated in September 2004. Their three children were minors at the time of separation but have since become adults. Before the separation, in March 2003, husband used community property funds from a joint bank account to buy a $3.75 million insurance policy on his life, naming wife as the sole owner and beneficiary. Until the parties separated, the policy premiums were likewise paid with community property funds from a joint bank account.

At the marital dissolution proceeding, wife testified that she and husband, while he was in the hospital for “heart problems,” had talked about buying a life…

Filed 5/15/14

IN THE SUPREME COURT OF CALIFORNIA

In re the Marriage of FRANKIE ) and RANDY VALLI. ) ____________________________________) )

FRANKIE VALLI, )

) Respondent, ) ) S193990 v. ) ) Ct.App. 2/5 B222535

RANDY VALLI, )

) Los Angeles County Appellant. ) Super. Ct. No. BD414038 ____________________________________)

During a marriage the husband used community property funds to purchase an insurance policy on his life, naming his wife as the policy‟s only owner and beneficiary. Upon dissolution of the marriage, is the life insurance policy community property or the wife‟s separate property? We conclude that, unless the statutory transmutation requirements have been met, the life insurance policy is community property. Because the Court of Appeal reached a different conclusion, we reverse that court‟s judgment. I After a 20-year marriage, Frankie Valli (husband) and Randy Valli (wife) separated in September 2004. Their three children were minors at the time of separation but…