In Re the Marriage of Lockman

Statement of the Case

Susan Catherine Lockman (wife) filed a petition for dissolution of her marriage to Paul Lockman (husband) on October 1, 1985. The case was tried on December 8 and 23, 1986, and, following additional briefing, was decided by tentative decision on May 29, 1987, and final order on July 24, 1987.

At issue in this appeal is the court’s application of Civil Code section 4800.2, as amended effective January 1, 1987, to the disposition of the parties’ residence. Pursuant to this section, the court held that husband is entitled to reimbursement in the sum of $20,000 for his separate contribution to the acquisition of that asset.

Statement of Facts

The parties were married November 28, 1980. At that time, husband owned a house located in Los Osos, California. Although both parties lived in this house following their marriage, title to the property remained in husband’s name alone.

The Los Osos property was sold in August 1981. From the proceeds of this sale, $20,000 was used for the downpayment on a house located in Sonora, California. The escrow for the purchase of this house closed in January 1982, and title was taken by husband and wife as joint…