In Re Weisman

5 F.3d 417 Bankr. L. Rep. P 75,442 In re Marc A. WEISMAN and, Sheila J. Weisman, Debtors. Jerome E. ROBERTSON, Trustee, Plaintiff-Appellee-Cross-Appellant, v. Marc PETERS, Defendant-Appellant-Cross-Appellee. Nos. 91-16518, 91-16600. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 4, 1993. Decided Sept. 21, 1993. Esther Z. Hirsh, Long & Levit, San Francisco, CA, for defendant-appellant-cross-appellee. Cathleen Cooper Moran (argued) and Michelle K. Rubin (on briefs), Mountain View, CA, for plaintiff-appellee-cross-appellant. Appeal from the United States District Court for the Northern District of California, Eugene F. Lynch, District Judge, Presiding. Before: FLETCHER, REINHARDT, and NOONAN, Circuit Judges. REINHARDT, Circuit Judge: 1 We are faced with the question whether under California law a husband's occupation of his family residence with his second wife can create a duty in a bona fide purchaser for value or a bankruptcy trustee to inquire as to whether his former wife still retains the ownership interest in that property that appears of record. Guided by reality, our answer is yes. I. Factual and Procedural Background 1 2 Debtor Sheila Weisman…