Marriage Of Steinberger

91 Cal.App.4th 1449 (2001)

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Nature of the Case

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Facts

H and W were married on April 30, 1988. They separated on June 14, 1997, after a marriage of 9 years and 1.5 months. The parties have one minor son, born in January of 1996. While married H and W bought a diamond using community funds. H used it to make a ring for W on their fifth wedding anniversary. W got the now diamond ring with a card referring to the five years and also congratulating W on her recent promotion. W testified that she considered it a gift. Only she had worn it since receipt. H testified that it was a gift and an investment, something that we both could enjoy.' James also testified that it was not his intent to give her a fifth-year anniversary ring and that the most expensive gift he had given Buff during the marriage was a Christmas gift that had cost a few hundred dollars. The court found that the diamond ring was unilaterally given to W at or about the time of their fifth wedding anniversary as a gift and that it was, therefore, W's separate property. H appealed, arguing that there was no written transmutation as per Section 852.