In California, provide a rebuttal to this argument that the Wife (wendy) is entitled to half the house: What are the Husband's (H) Rights to Mindy's House? Generally, any property acquired during marriage is considered to be community property (CP), however property acquired after divorce or separation is considered separate property (SP). Separation is an end to the marriage based on a factual inquiry to determine whether the parties intended to end the marriage. In the situation at hand, Wendy formed the intent to end the marriage on December 31, 2015. This occurred after Wendy misinterpreted the comforting embrace between Hoover and Mindy, on that night. Wendy then made the vow that she would leave Hoover and never spend another New Year's Eve with him. This is the true point of separation for Hoover and Wendy, because Wendy had formed that intent to divorce Hoover that night. Therefore, everything acquired after December 31, 2015 must be categorized as SP. The husband-and-wife presumption is a form of title presumption where a deed indicates that the title is being held as husband and wife making the property CP. Here, Mindy left the deed to the Beverly hills mansion "To Hoover and his wife, as a gift of gratitude for Hoover's managing of my estate." Generally, it is understood that the husband-and-wife presumption would not apply where the language on the deed indicates a contrary intent on its face. The second part of Mindy's statement indicates a contrary intent. Mi