Estate of Borghi

Jeanette Borghi bought real estate before marrying Robert, but the deed - drafted by a development company and not executed until after the marriage - listed both Robert and Jeanette as owners, husband and wife. Jeanette died intestate, survived by Robert and her son from a prior marriage, Arthur (defendant); Robert (plaintiff), as personal representative, petitioned to determine ownership, and both sides agreed the property was Jeanette's separate property before the marriage. A court commissioner found the property had become community property by the time of Jeanette's death (passing entirely to Robert via intestate succession), but the court of appeals reversed, finding it remained Jeanette's separate property (giving Arthur a half interest); the estate appealed further.