Oliverez: Community Property; Valuation of Community Property; Credits for Payment of Community Obligations
In re Marriage of Oliverez (Community Property; Valuation of Community Property; Credits for Payment of Community Obligations)
California Court of Appeal, Sixth District
Published Opinion, (2019) 33 Cal.App.5th 298
Following an earlier appeal in this marital dissolution action, a trial was conducted on the valuation and division of community property. The family court ordered certain real properties be appraised and sold once the judgment was final. It characterized one of the properties as partially the husband’s separate property, despite a prior stipulation that the property was a community asset subject to the husband’s right to reimbursement of separate property funds contributed to the acquisition of the property. The appellate court reversed the ruling that the real property was a mix of community and separate property, holding that it was wholly community property.
The Court of Appeal rejected the husband’s argument that the real properties had to be valued as of the initial trial date and concluded that the date of the re-trial was the correction valuation date. The family court had the authority to order the sale of the properties to make an equal division of the community estate, and acted within its discretion in denying the husband’s claim under Marriage of Epstein for credits for alleged payments from his separate property on community property debts.
The case listed here was not handled by Walzer Melcher unless the description states that Walzer Melcher appeared as counsel.