In Re Marriage of Witt

This appeal from a judgment of dissolution of marriage concerns the interpretation and application of Civil Code section 4800.2. We hold that when a spouse has given separate property to the marital community, section 4800.2 preserves to the contributing spouse the equity value of his or her separate property contribution unless that retained interest is waived in writing, even in the absence of evidence the spouse intended to retain the right to such reimbursement. We affirm the judgment.

Facts

All of the relevant facts in the present case were established by an undated written stipulation submitted to the trial court on August 5, 1986, in lieu of a trial on the merits. The Witts, whom we will refer to in this opinion by their first names, Gloria and Edward, were married on April 2, 1983. They separated on February 24, 1986. On November 1, 1984, Gloria conveyed to Edward and herself as husband and wife an operating dairy farm valued at $807,544.35. This farm was her separate property. She intended to give it to the marital community. She did not sign a waiver of her right to recover the value of the equity she was contributing to the community.

At the time of the…