California Court of Appeal

IN RE MARRIAGE OF BENSON, B165252

Trial court did not err in awarding the husband all of the retirement funds he earned during the marriage as his separate property. Court properly admitted extrinsic evidence of the couple's oral agreement relinquishing wife's community property interest in these funds, and ruled that partial performance and estoppel provide an exception to the writing requirement of Family Code section 852.

Appellate Information

• Decided 12/23/2003
• Published 12/23/2003

Judges

• COFFEE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Ricks & Associates, Gary R. Ricks, Brigham J. Ricks, Santa Barbara, for Appellant.


• For Appellees:
  
• Griffith & Thornburgh, John R. Rydell II, Santa Barbara, John C. Eck for Respondent.