Supreme Court of California
352 P.3d 401 (2015)
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.
Rule of Law
Holding and Reasoning (Cantil-Sakauye, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.