Respondent: trial court had substantial evidence to deem Firewater and Martinez Livestock community property

Counsel arguing for Anna Martinez told the panel the trial court's findings characterizing Firewater and Martinez Livestock as community property were supported by substantial evidence including third-party declarations and tax-reporting that showed gifts and reinvestment.

"The trial court correctly concluded that fire water and Martinez livestock entities were community property and the estate's distribution was properly predicated on those community property determinations," counsel told the panel, urging appellate deference to factual findings. Counsel said declarations and tax-related summaries supported characterizing those business interests as community property because Dan Martinez's labor benefited those entities without fair compensation to the marital community.

Appellant counsel countered that using estate counsel to pursue transmutation harmed the estate and questioned why the appellant's side did not present Dan's tax returns to show claimed income disparities. The panel's questioning focused on the standard of review for factual findings versus questions of law about characterization.

The panel took the case under submission after argument.