In Re the Marriage of Broderick

The appeal and cross-appeal at bench involve a dispute arising from the dissolution of marriage and determination of certain property rights of the parties. The pertinent facts leading to the controversy follow: Warren F. Broderick (husband) and Diana L. Broderick (wife) were married on January 17, 1970. They have two children: Ronald, born October 3, 1971, and Sheila, born June 6, 1975.

In October 1973 the parties purchased a family residence located at 701 St. Francis Drive, Petaluma, California. The price of the home was $23,500 which was financed by the spouses by making a down payment of $3,800 *495 (which also included costs) and assuming a mortgage in the sum of $20,400 payable at the rate of $154 per month.

On September 8, 1977, wife executed a quitclaim deed transferring all her rights in the home to husband. At that time, the parties had separated and wife planned to move to Arkansas. Husband claimed to have paid wife $4,000 consideration for the quitclaim deed. The deed was prepared at a title company and was signed by wife in the presence of husband, the real estate broker and a notary public. The record indicates wife fully understood the legal consequences…

I fully concur in parts II, III, and IV, of the lead opinion, and I reluctantly agree in result in part I.

At trial this was obviously a very close case. The evidence showed that at the time of the execution of the quitclaim deed, wife had a tenth grade *505 education, did not have a bank account and had never held a job. During the marriage, husband had paid all the bills, purchased the groceries, and prepared the tax returns. It was husband who had negotiated the purchase of the family residence, dealt with the real estate agent and title insurance people. When wife decided to separate from husband and move to Arkansas, she signed the quitclaim deed because husband had offered her $3,000. 1 In wife’s words, “I put it in his name so I could have the money.” “I was in an awful hurry.” After the reconciliation in Arkansas some 10 months later, the expenses of the car trip home with husband were paid from wife’s $3,000.

When wife signed the deed she understood that she was giving up her interest in the house, but she had no idea what interest (50 percent) she had or what value the house had (some $45,000 minus an existing loan of $18,000). However, husband never misrepresented to…

[Opinion certified for partial publication. [*] ]

OPINION

ANDERSON, P.J.

The appeal and cross-appeal at bench involve a dispute arising from the dissolution of marriage and determination of certain property rights of the parties. The pertinent facts leading to the controversy follow: Warren F. Broderick (husband) and Diana L. Broderick (wife) were married on January 17, 1970. They have two children: Ronald, born October 3, 1971, and Sheila, born June 6, 1975.

In October 1973 the parties purchased a family residence located at 701 St. Francis Drive, Petaluma, California. The price of the home was $23,500 which was financed by the spouses by making a down payment of $3,800 (which also included costs) and assuming a mortgage in the sum of $20,400 payable at the rate of $154 per month.

On September 8, 1977, wife executed a quitclaim deed transferring all her rights in the home to husband. At that time, the parties had separated and wife planned to move to Arkansas. Husband claimed to have paid wife $4,000 consideration for the quitclaim deed. The deed was prepared at a title company and was signed by wife in the presence of husband, the real estate broker and a notary public. The…