• Appellate Procedure,  Community Property,  Family Law,  Standard of Review

    The appellate angle in Marriage of Davis

    Family law attorneys are buzzing this week about Monday’s unanimous Supreme Court decision in¬†Marriage of Davis, case no. S215050 (July 20, 2015).¬†The Metropolitan News-Enterprise summed up the holding this way: “A married person cannot be considered separated, and thus permitted to keep his or her earnings as separate property, while continuing to live with his or her spouse[.]” The court itself referred to its ruling as a “bright-line” rule. Not so fast, folks. My friend Claudia Ribet has a column in today’s Daily Journal (link requires subscription) discussing the subtleties in the decision and concurring opinion, concluding that it may not even reduce litigation over the “separate and apart” issue…