Estate of John Kenly, Deceased, Betty B. Kenly, Personal Representative - Page 23

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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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