California Court of Appeal

In an ex-husband's appeal of the trial court's decision concluding that he, alone, was financially responsible for defending and settling a claim brought by a third party seeking, among other things, rescission of an agreement to sell the business he owned and operated during the marriage, the trial court's order is reversed where the liability arising from the claim for rescission and other relief initiated by the third party was a community obligation omitted from the marital dissolution judgment that divided the couple's assets and obligations, subject to division under Family Code section 2556. Thus, ex-wife was obligated to pay half the cost of settling the litigation.

Appellate Information

• Published 2016/09/26

Judges

• MANELLA

Court

• California Court of Appeal

Counsel