In Re Marriage of D'Antoni

In a Santa Clara County Superior Court proceeding, in which Theresa D’Antoni (hereafter for reasons as will be seen, first wife) sought to levy execution against community property of her deceased former husband, the court entered judgment adverse to her and she appeals.

During her marriage to Robert S. D’Antoni (Robert), one child was born to them. The marriage was terminated by an interlocutory judgment of divorce, April 27, 1962, and a final judgment of dissolution, February 10, 1970. Under the judgments Robert was ordered to pay $75 child and spousal support each month, “until further order of the Court.”

Following the final judgment of dissolution Robert married Gloria D’Antoni (sometimes hereafter, second wife). He died December 7, 1977, leaving community property consisting of all or part of a home acquired during the second marriage. The earlier child and spousal support award had never been terminated or modified by the court or otherwise, and Robert had paid “virtually nothing” on account of the award. Second wife, “Gloria D’Antoni [had] filed a Community Property Petition for Determination of Community Property passing to the surviving spouse pursuant to…