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In re Marriage of Cooper, 073014

In a marital dissolution case, in which the trial court found four investment accounts held in joint title by wife and husband during their marriage to be wife's separate property, and ordered that wife be reimbursed for her down payment of $40,000 on the marital residence and be reimbursed for maintaining the residence, the judgment is reversed and remanded with instructions to: 1) characterize the accounts as community property; 2) reimburse wife for her separate property contributions to these accounts; 3) order wife to pay Watts charges (Watts, supra, 171 Cal.App.3d 366) for the monthly rental value of the house during the periods when she had exclusive use of the marital residence after separation and before trial during which the Hawaii dissolution action was not pending; and 4) award to wife Epstein credits (Epstein, supra, 24 Cal.3d 76) for the periods in which she owes the community Watts charges.

Appellate Information

  • Decided
  • Published 2016/05/27

Judges

  • HOCH

Court

  • California Court of Appeal

Counsel

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