QUESTION ANALYSIS
The following events occurred in California.
Husband (H), a carpenter, and Wife (W), a nurse, were married in 1965. (Marital economic community begins.)
OFFICE BUILDING
In 1966, W contracted to buy a small office building. She paid the purchase price in installments by withdrawals from a joint bank account into which H and W deposited their earnings. (Source) In 1970, W paid the last installment and received a deed conveying the building to “W, a married woman.” (Married Women's Special Presumption before 1975 vs. direct tracing of the source of the fund) He knew W was buying the building and made no objection. (Transmutation: gift?) He did not know how the title to the building was taken. (Transmutation: gift?)
HOUSE & FURNITURE
In 1980, H’s aged uncle, Ted (T), promised H and W that if they would move into his home, maintain it in good repair, and care for him for the remainder of his life, he would will his house (Source: SP as from Uncle) and furniture (Source: SP as from Uncle) to H. H and W moved in with T, cared for him, and maintained his home in good repair until his death in 1985. (House as compensation for W's community labor) T left a valid will giving his house and furniture to H.
H and W continued to live in the house. Returning home one day, W discovered to her surprise that all the furniture had been removed. H confessed that he had sold the furniture and used the proceeds to pay gambling losses (H's debt: H's SP first, H's CP share and no liability after divorce) he had secretly incurred. (Both spouses have control of CP and can't be sold with other's consent)
In a dissolution of marriage (Marital economic community ends) proceeding now pending, what are W’s and H’s rights, if any, with respect to the following:
1. The office building?
2. The house?
3. The furniture or its value?
Discuss.
Answer according to California law.