Estate Of Borghi

219 P.3d 932 (2009)

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Nature of the Case

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Facts

Jeanette purchased real property in 1966, subject to a real estate contract. On March 29, 1975, Jeanette and Robert married. On July 12, Cedarview Development Company executed a special warranty deed to “Robert G. & Jeanette L. Borghi, husband and wife.” The deed states that it is in fulfillment of the real estate contract. They resided on the property until 1990. In August 1979, they used the property to secure a mortgage to purchase a mobile home to locate on the property. The 1975 deed was recorded on August 13, 1979. Jeanette died intestate on June 25, 2005. Her surviving heirs were Robert and Arthur Gilroy, her son from a previous marriage. Robert was appointed personal representative and filed a petition for declaratory judgment on behalf of the Estate to determine rights in the real property. The commissioner determined that the property was the community property of Robert and Jeanette Borghi, and passed to Robert under the laws of intestate succession. Arthur appealed, arguing that the property was Jeanette's separate property at the time of her death, entitling him to a one-half interest. The Court of Appeals reversed. Robert appealed.