In Re Marriage of Coffin

Petitioner Harold F. Coffin appeals from an order vacating and setting aside that portion of an interlocutory judgment of dissolution of marriage (rendered after an uncontested hearing upon the default of respondent Lois A. Coffin) “which relates to the award or distribution of community property ...”

The petition for dissolution was filed by petitioner on September 4, 1974. An appropriate form was checked indicating that “[a]ll property otherwise subject to disposition by the court in this proceeding has been disposed of by written agreement of the parties.” No response was filed in behalf of respondent who was served with a summons and a copy of the petition, and respondent’s default was entered on October 23, 1974. The request to enter default recited that “[a] completed Financial Declaration in the form prescribed by Rule 1285.50 is attached” and the declaration of mailing declared that such request “including any attachments” had been served by first class mail upon petitioner. So far as it is pertinent to this appeal, petitioner’s financial declaration included the following:

Petitioner’s declaration did not disclose the existence of any obligation secured by the…