Butler v. Superior Court CA6

I. FACTS AND PROCEDURAL BACKGROUND

This is the second appeal in this case. The prior appeal concerned the disposition of the parties’ community property residence based on a stipulation and order signed in May 2012. A panel of this court affirmed the trial court’s order finding that Leslie had failed to comply with the stipulation requiring the residence to be deeded back to the

2 community and sold. (In re Marriage of Butler (May 9, 2022, H049004) [nonpub. opn.] (Butler).)2 A. Procedural History3 When Imani and Leslie separated in December 2011, they owed $468,000 on the mortgage on their home, which they had purchased in 1998 and refinanced in 2005 and 2007. They also owed $76,000 on a $100,000 home equity line of credit secured by the residence. At the time of separation, the combined balance of the home mortgage and line of credit exceeded the value of the home by approximately $132,000. Leslie, who lived in the residence after Imani moved out, sought a court order requiring Imani to assist with the mortgage payments or sign a quit claim deed and loan modification documents. On May 15, 2012, the parties entered into a stipulation and order, drafted by Imani’s attorney, which…