Marriage of Wendelburg CA2/7
In a marital dissolution action, Kirk Wendelburg sought a determination that the community had property rights in a business that his wife, Bliss Wendelburg, owned with her father. Kirk argued the business was community property because it had been incorporated during the marriage. The trial court, however, found the property was separate in character because the evidence established that the business had merely continued the operations of an identical business Bliss had owned and run with her father prior to the marriage. Alternatively, the court found that even if the business was deemed to have been started during the marriage, the evidence showed Bliss had received her interest in the business as a gift. On appeal, Kirk argues there is insufficient evidence to support either finding.
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