Keith Davis (defendant) and Sheryl Davis (plaintiff) were married in 1993 and had two children. The couple began having serious marital troubles in 2001. Despite the couple’s marital problems, they stayed married for the benefit of their children. In 2006, however, Sheryl told Keith that she no longer wanted to be married. The couple remained living in the same house, until Sheryl filed a petition for dissolution of the marriage in 2008. Sheryl listed the date of separation on the petition as June 1, 2006. In determining whether certain marital property was community or separate property, the trial court found the date of separation to be June 1, 2006. The court of appeal affirmed. Keith filed a petition for review, arguing that a couple cannot be living separate and apart for purposes of determining community and separate property when they are living in the same house.