Wilson v. Wilson

Francis Wilson (defendant) and Barbara Wilson (plaintiff) married in 1931 and bought a San Francisco home in 1938, with title in Mr. Wilson's name. Mrs. Wilson filed for divorce in 1940, and a contested issue was whether the home was community property. Mr. Wilson testified he paid for it with separate-property funds, but there was evidence the couple's living expenses were small enough that community income could have helped pay for it, and that Mrs. Wilson, an artist, contributed community income from selling her artwork. The trial court found the home was community property, awarded Mrs. Wilson a one-half interest and exclusive use, and Mr. Wilson filed an interlocutory appeal.

Whether, under California community-property law, a party seeking to establish that property acquired after marriage is separate property bears the burden of proof.