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yet she failed to list the New Mexico property in the financial
statement filed with the divorce court during the course of the
divorce proceeding she initiated. Moreover, she did not object
when decedent failed to list that property in the inventory of
community property he filed with the divorce court. Petitioner
testified that she performed bookkeeping and other management
services in connection with the operation of the partnership.
That testimony does not lend support to her argument that the
character of the New Mexico ranch and the successor properties
was changed to community property. The performance of services
by one spouse will not, standing alone, effect a change in
character of the other spouse's separate property. Myrland v.
Myrland, 508 P.2d at 763 (husband performed services for his
wife's business, one of the assets of which was the wife's
separately owned real property; held, husband's performance of
services did not change the character of the real property to
community property); Horton v. Horton, 278 P. 370, 371 (Ariz.
1929) (fact that husband helped construct a building on the
wife's separately owned real estate does not transmute the
building or the real estate into community property).
Based on the evidence before us, we are unable to conclude
that decedent intended to, or did, change the character of his
interest in the New Mexico property or any of the successor
properties to community property. Petitioner has failed to carry
her burden of proving such a change. We find as an ultimate fact
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