Marriage of Ruballos CA2/7

DISCUSSION

Property, wherever situated, acquired by a married person during the marriage with community funds is community property unless transmuted by transfer or agreement to separate property. (See generally In re Marriage of Valli (2014) 58 Cal.4th 1396, 1400; In re Marriage of Benson (2005) 36 Cal.4th 1096, 1103; Fam. Code, §§ 760, 850.) Jorge does not contend Hacienda El Cerrito is his separate property, either by virtue of the source of the funds used to acquire it or post-acquisition transmutation. Rather, he insists the evidence presented to the family law court established his brother purchased the property as a gift for their mother and neither he nor Rosa had any interest in it whatsoever. Substantial evidence supports the family law court’s finding Jorge used community funds to acquire Hacienda El Cerrito. In evaluating Jorge’s challenge, we

3 Although the trial court stated the motion to reconsider was denied, in essence the court granted the motion for reconsideration under Code of Civil Procedure section 1008, held a hearing, reconsidered its prior ruling and then reaffirmed it. 3 view the record in the light most favorable to the prevailing party and resolve…