Allen v. Allen

Opinion

NOTT, J.

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…