Marriage of Banks
Myrna Dolores Banks (wife), petitioner in this marital dissolution proceeding, appeals from an order denying her motion for reconsideration of the trial courts ruling that she and Craig Anthony Banks (husband) separated from one another on April 25, 1995, as husband contended. As a result of the ruling, wife had no community property interest in the residence purchased by husband after that date,[2]as the Family Code provides that accumulations of a spouse while living separate and apart from the other spouse, are the separate property of the spouse. (Fam. Code, 771, subd. (a).) Wife claims the trial courts failure to consider relevant evidence bearing upon the date the parties separated constitutes an abuse of discretion. Court affirm the judgment.



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