Geraci

*1282 Opinion

The underlying action was for dissolution of marriage, characterization of property and division of community property assets and liabilities. Husband appeals, claiming the trial court erred in finding a general partnership existed between the husband and wife and thus all his postseparation earnings in this partnership constituted community property rather than his separate property earnings. Husband also claims the trial court erred in failing to grant his request for reimbursement of his separate property interest in the residence he had acquired more than a decade before their marriage. In addition, husband challenges the court’s decision to award spousal support where the evidence showed the wife had substantial earning capability and was in any event then supported by her romantic partner. Finally, husband argues the court erred in sanctioning him by mating him pay all community debts and by mating him contribute toward the wife’s attorney fees on the ground he had breached both his partnership and spousal fiduciary duties to his wife.

We conclude the evidence is insufficient to show the husband and wife actually formed a business partnership. Accordingly, we…