In Re the Marriage of Sheryl Jones Davis and Keith Xavier Davis. Sheryl Jones Davis, Respondent v. Keith Xavier…

Summary

The court held that spouses are not “living separate and apart” under Family Code section 771(a) while residing in the same home, even if they have ended their marital relationship in every other practical sense. The statute requires separate residences plus at least one spouse’s subjective intent to end the marriage, objectively demonstrated by words or conduct showing a complete and final break. The court reversed the Court of Appeal and remanded for proceedings consistent with that rule. Justice Liu, concurring, agreed with the result but would have allowed objectively demonstrated physical separation under the same roof in appropriate circumstances.