In Re Marriage of Tammen

The instant appeal is taken by Richard W. Tammen (hereafter for convenience, “Richard”) from an interlocutory judgment of dissolution of his marriage to Elizabeth L. Tammen (hereafter for convenience, “Elizabeth”). The issues relate only to the division of the parties’ community property.

The community property awarded Elizabeth approximated 79 percent of the whole. To equalize the division the judgment ordered Elizabeth to execute and deliver to Richard a promissory note for $19,820.80 bearing simple interest at 7 percent, secured by a second trust deed on the major item of community property, the family residence which had been awarded to her. The note’s principal, and all interest to accrue thereon, were to be payable “upon the expiration of ten years from the date thereof, upon the wife’s remarriage, the sale of said real property, voluntarily refinancing by her, upon her ceasing to use or occupy the same as a family residence, or upon her death, whichever event shall first occur.”

Richard contends that this arrangement is inequitable and unfair, and that the value of the promissory note is far less than that of the offsetting $19,820.80 of community property taken…