Marriage of Shields CA3

Good Law
Court of Appeal of CaliforniaNovember 4, 2024C098005California6,788 words

Opinion

Opinion

Mauro, J.

DISCUSSION

I We begin with the contentions asserted in Steven’s appeal. A Steven contends the family court erred in calculating the equalization payment for real property in Bear Valley. During the marriage, Robyn transferred title for the Bear Valley property to her and Steven as community property. She paid off the mortgage and received a mortgage payoff refund of $365.76 in 2018, after she and Steven separated. She occupied the property exclusively starting sometime in 2019. At trial, she sought reimbursement for separate property payments made after the separation pertaining to homeowners association fees, utilities, maintenance, and improvements. Steven objected to the claim for improvement costs. He also argued that the mortgage payoff refund should be credited to the community and that Robyn should pay him for her post-separation use of the property.

3 The family court awarded the property to Robyn as her separate property. Based on the parties’ agreement, it found the property had a value of $280,000 and that Robyn owned $196,193 in separate property equity at the time she converted the property to community property. But the family court concluded Robyn did not show…

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