In Re Marriage of Guthrie

In this case of first impression we are asked to decide whether a trial court has discretion under recently enacted Civil Code section 4800.7 to modify or terminate a family home award to which the parties stipulated prior to the statute’s enactment.

James and Carol Guthrie separated in February 1978 after almost seven years of marriage. James moved out of the family home while Carol remained with their two sons, Bryan, then four and one-half years old, and Brett, then five months old. A marital dissolution proceeding was instituted in May 1980. The following December James and Carol executed a settlement agreement in which they “agreed to specific terms of support and maintenance for [Carol] and [the] children by [James], custody of the children, and division of the community property, and the use of the family residence pending its sale.” The terms of the agreement were incorporated into an interlocutory judgment of dissolution of marriage entered April 15, 1981.

The marital settlement agreement provided for the division of all of the parties’ community assets. Title to the family residence would be held by James and Carol as tenants in common pending its eventual…