Marriage of Terry CA2/6

DISCUSSION

Standard of review “ ‘A judgment or order of the lower court is presumed correct. All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown.’ ” (Denham v. Superior Court (1970) 2 Cal.3d 557, 564; In re Marriage of Obrecht (2016) 245 Cal.App.4th 1, 8.) But a court’s failure to “apply the law to the facts presented . . . constitute[s] a failure to exercise the trial court’s discretion. ‘[A] ruling otherwise within the trial court’s power will nonetheless be set aside where it appears from the record that in issuing the ruling the court failed to exercise the discretion vested in it by law.’ ” (Fletcher v. Superior Court (2002) 100 Cal.App.4th 386, 392.) Proceeds from sale of house The judgment included an order that Kellie pay Boake $75,600 in “Watts credits,” representing half the fair market rental value of $5,600 per month during the 27 months she had exclusive use and possession of the house after the date of separation of December 20, 2019, through the date of the court’s calculations, March 25, 2022. (In re Marriage of Watts (1985) 171 Cal.App.3d 366, 374.) Offset against this…