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Cardenas v. Cardenas, 3/23/17
April 20, 2017

A general warranty deed for the property listed the wife as the grantee, dealing with “her sole and separate property”. This phrase expressly stated a purpose to make the property part of the wife’s separate estate which created a rebuttable presumption that the property was the wife’s separate property. The award of $39,000 of the IRA to the wife was not in isolation as it was awarded pursuant to a broader plan for a just and right division. The wife did not provide any basis for her assertion that improvements were made to the husband’s house, and this was insufficient to support the trial court’s finding. There was no evidence to support the finding that the camper trailer’s value was $16,000. These miscalculations contributed to an overall division of property that was manifestly unjust and unfair. The lower court’s ruling was affirmed in part and remanded in part.