Marriage of Khan CA3

Filed 9/29/21 Marriage of Khan CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ----

In re the Marriage of RIAZMIN and RIYAZ AHMED C092085 KHAN.

RIAZMIN KHAN, (Super. Ct. No. STAFLDWC20180001201) Respondent,

v.

RIYAZ AHMED KHAN,

Appellant.

Riyaz Ahmed Khan (Appellant) appeals from a trial court “judgment on submitted issues,” wherein the trial court resolved numerous issues related to dissolution of the marriage between Appellant and Riazmin Khan (Respondent). On appeal, Appellant contends the trial court erred in finding the parties’ date of separation to be in February 2017, and in rejecting an interspousal transfer deed transferring the marital community’s

1

interest in real property to Appellant as his sole and separate property. We find substantial evidence in the record to support both of these decisions. Appellant also contends the trial court abused its discretion by failing to “condemn racism in the legal system.” The record does not support Appellant’s claim. We will affirm the judgment of the court. I. BACKGROUND The parties were married on September 22, 2005. In 2017, Respondent filed a marital dissolution petition alleging the date of their separation was February 12, 2017. Appellant alleged their date of separation was several months later, in December 2017. The parties litigated this issue at trial. A. Trial At trial, Respondent testified that on February 12, 2017, Appellant told her to get out of the family home, it did not belong to her. She did not leave because she could not afford to; however, she did move into a bedroom separate from Appellant. Several months later, on June 3, 2017, Appellant tried to come into Respondent’s bedroom. She refused to let him in. He accused Respondent of being unfaithful to him and threatened to shoot her if she did not “tell him the truth.” He then sexually assaulted her. The next day, as Respondent was trying to leave for their child’s soccer tournament, Appellant said to their child that Respondent was a “bitch.” He told the child that he no longer wanted her to play soccer and he wanted the child to burn her soccer cleats. Respondent said she would drive the child to the soccer tournament. In response, Appellant got a sledgehammer and smashed the windshield on Respondent’s car. Appellant was subsequently arrested and in September 2017, he was convicted of willful infliction of corporal injury on a spouse (Pen. Code, § 273.5, subd. (a)). He was sentenced to five years felony probation. Respondent also obtained an emergency protective order, protecting her and the parties’ child from Appellant.