California Court of Appeal

In a marital dissolution proceeding, family law court's finding that the house the husband bought in his name only while married to his former wife was community property in ordering him to convey the property to them both as tenants in common is affirmed where: 1) the evidence shows that the wife quitclaimed her interest in the house based on the husband's promise to put her on title after the purchase was completed, but that the husband failed to do so, and as such, the evidence supports a finding that the house was community property based on the husband's violation of his fiduciary duties to his wife; and 2) the trial court properly valued the community and separate property interests in the house, and did not err in denying the husband's request to refund his overpayment of child support credits.

Appellate Information

• Decided 10/15/2010
• Published 10/15/2010

Judges

• RUBIN

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Gary W. Kearny, Daniel G. McMeekin