Marriage of Davis
Supreme Court of California
352 P.3d 401 (2015)
Keith (defendant) and Sheryl Davis (plaintiff), married in 1993 with two children, developed serious marital troubles by 2001 but remained married for their children's benefit; in 2006, Sheryl told Keith she no longer wanted to be married, though the couple continued living in the same house until Sheryl filed for dissolution in 2008, listing June 1, 2006 as the separation date. The trial court and court of appeal agreed the separation date was June 1, 2006, despite the couple's continued cohabitation; Keith sought review, arguing a couple cannot be living separate and apart while sharing the same residence.
Whether a couple can be considered to be living separate and apart for purposes of determining community and separate property while the couple is physically living together in the same house.