Allen

The question raised by this appeal is whether a wife’s consent to the use of community funds to improve her husband’s separate real property raises a presumption that the funds were a gift of the funds to the husband. We conclude that it does not. In so holding, we agree with In re Marriage of Wolfe (2001) 91 Cal.App.4th 962 [ 110 Cal.Rptr.2d 921 ] (Wolfe), which recently held that where a wife uses community funds to make improvements to her husband’s separate property, the community is entitled to reimbursement of the funds.

Contentions

Judith Lorraine Allen appeals from a further judgment on reserved issues in a marital dissolution action in which the trial court ruled that community expenditures toward capital improvements on Thomas P. Allen’s separate property residence were presumptively a gift to him from the community. Judith contends that the trial court erred in failing to apply the Moore/Marsden rule (In re Marriage of Moore (1980) 28 Cal.3d 366 [ 168 Cal.Rptr. 662 , 618 P.2d 208 ] (Moore) and In re Marriage of Marsden (1982) 130 Cal.App.3d 426 [ 181 Cal.Rptr. 910 ] (Marsden)) in this case. Judith also asserts that the trial court erred in finding that she…