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In Re the Marriage of Phillis and Michael Holmes. v. Michael Holmes

April 25, 2012

IN RE THE MARRIAGE OF PHILLIS AND MICHAEL HOLMES. PHILLIS HOLMES, RESPONDENT,
v.
MICHAEL HOLMES, APPELLANT.



(Super. Ct. No. 09FL03137)

The opinion of the court was delivered by: Butz , J.

Marriage of Holmes

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Michael Holmes (Husband) brings this pro se judgment roll appeal from an order following a bench trial, in which the trial court awarded to Phillis Holmes (Wife), as her sole and separate property, a residence purchased during the marriage and held in Husband's name as "a single man." For the reasons that follow, we shall affirm the order.

FACTUAL BACKGROUND

Husband has elected to proceed on a clerk's transcript. (Cal. Rules of Court, rule 8.121.)*fn1 Thus, the appellate record does not include a reporter's transcript of the bench trial. This is referred to as a "judgment roll" appeal. (Allen v. Toten (1985) 172 Cal.App.3d 1079, 1082-1083; Krueger v. Bank of America (1983) 145 Cal.App.3d 204, 207.)

The limited appellate record establishes the following.

The parties were married in December 2007.

In October 2008, Husband purchased a home on Laguna Springs Way in Elk Grove for $207,500, and took title in his name as a single man.

Wife petitioned for dissolution of the marriage in May 2009.

In his response to the petition, Husband sought to have the Laguna Springs Way residence confirmed as his separate property.

In May 2010, Wife obtained an order to show cause why Husband should not be required to quitclaim the residence to her. In her declaration in support of the order to show cause, Wife averred the residence was purchased with her separate property funds, received in a personal injury settlement prior to the marriage. Wife made an initial bid to buy the house; Husband offered to continue to bid on her behalf, when serious medical conditions prevented her from continuing. At the time of the purchase, Husband ...


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