In Re Marriage of Priddis

Good Law
132 Cal. App. 3d 349·183 Cal. Rptr. 37·1982 Cal. App. LEXIS 1620
Court of Appeal of CaliforniaMay 28, 1982Civ. 50086California6,172 words

Opinion

Lead Opinion

Scott, J.

Nancy Priddis appeals from that portion of an interlocutory judgment of dissolution characterizing property as separate or community and dividing community property; Reid Priddis has cross-appealed. The trial court valued the couple’s assets and liabilities as of the date of their separation, which occurred over 11 years prior to the dissolution proceedings. The principal question is whether that valuation date was set for good cause and accomplished an equal division of the property in an equitable manner. (See Civ. Code, § 4800, subd. (a).)

*354 The Facts

Nancy and Reid were married in 1957. In December 1967 they separated. Nancy moved to an apartment; Reid remained in the Kensington home which the couple had purchased not long after their marriage. In 1968, Reid’s parents moved in with him. About 10 years later, Nancy filed a petition for dissolution; trial was held in February 1979.

At the time of their separation, the couple had debts of over $35,000, including a mortgage of about $13,000 on their residence. During their lengthy separation, Nancy was employed as a teacher. Reid was sporadically self-employed as an accountant, and was involved in an unsuccessful…

Concurring Opinion

Barry-Deal, J.

I concur in the judgment except for the valuation date on remand. I would value the community assets as of the time of actual reconsideration by the court to more properly reflect the present market conditions.

The petition of appellant Husband for a hearing by the Supreme Court was denied July 22, 1982.

Opinion

Nancy Priddis appeals from that portion of an interlocutory judgment of dissolution characterizing property as separate or community and dividing community property; Reid Priddis has cross-appealed. The trial court valued the couple's assets and liabilities as of the date of their separation, which occurred over 11 years prior to the dissolution proceedings. The principal question is whether that valuation date was set for good cause and accomplished an equal division of the property in an equitable manner. (See Civ. Code, § 4800, subd. (a).)

Nancy and Reid were married in 1957. In December 1967 they separated. Nancy moved to an apartment; Reid remained in the Kensington home which the couple had purchased not long after their marriage. In 1968, Reid's parents moved in with him. About 10 years later, Nancy filed a petition for dissolution; trial was held in February 1979.

At the time of their separation, the couple had debts of over $35,000, including a mortgage of about $13,000 on their residence. During their lengthy separation, Nancy was employed as a teacher. Reid was sporadically self-employed as an accountant, and was involved in an unsuccessful…

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