Bonner

Petitioner, Ethel Lee Bonner, seeks a peremptory writ of mandate to require respondent superior court to vacate its order denying petitioner’s claim of an exemption from execution for real property upon which a declaration of homestead was filed December 15, 1967. At the time the declaration was filed, the property (title to which was in joint tenancy) was the community property of petitioner and real party in interest James Bonner, who were then husband and wife, and the declaration was filed jointly by them. On April 18, 1973, respondent court rendered its interlocutory judgment of dissolution of marriage which adjudged that the property which was the subject of the homestead declaration was the community property of the parties and had a reasonable value of $10,500 over and above any encumbrance. The property was awarded to petitioner as her sole and separate property. Real party was awarded a business property with a reasonable value of $500 and to equalize the division of community property, the court ordered as follows: “Petitioner is ordered to pay to [real party] $5,000.00 as and for his community interest in the said real property. Said sum is to be paid upon…