Ettefagh

Ettefagh v. Ettefagh

Good Law
150 Cal. App. 4th 1578·2007 D.A.R. 7273
Court of Appeal of CaliforniaMay 22, 2007No. A109531California4,825 words

Opinion

lead Opinion

Simons, J.

On appeal from a judgment of dissolution, Semrin Ettefagh (Semrin) 1 challenges numerous property and support rulings issued by the trial court. In the published portion of our opinion, we examine the standard of proof required to overcome the rebuttable presumption contained in Family Code section. 760 2 that property acquired by either spouse during marriage is community property. The parties agree that the presumption is *1581 rebuttable, affects the burden of proof and is overcome by sufficient evidence that the property was a gift to one of the spouses. The parties divide, however, on the quantum of evidence required. Semrin claims that the trial court erred in holding that the presumption of section 760 could be rebutted if her former husband, Vahid Ettefagh (Vahid) established by a preponderance of the evidence that the contested property was a gift to him. She asserts that clear and convincing evidence of a gift is required to rebut the community property presumption. We conclude, however, that the trial court applied the correct standard of proof. In the unpublished portion of the opinion, we reject a number of other arguments raised by Semrin and…

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