In Re Marriage of Teichmann

In this appeal we are asked to decide whether a spouse is entitled to interest on a community property award when payment is delayed without fault of the parties. We conclude that no legal basis exists for such entitlement, and we affirm the order after judgment striking cost bill.

Facts

The facts are presented by way of a settled statement:

Following a lengthy marriage the parties obtained an interlocutory judgment of dissolution under which terms husband was awarded a business partnership interest and profit sharing plan, and the family residence ordered sold with wife to first receive payment of $89,000 from the net sales proceeds “to balance the division of the community assets” and, after reimbursement to husband of $3,100 for payment of community obligations, the remaining net balance to be “divided equally between the parties, thereby effectuating an exactly equal division of the community property.”

Thereafter, the residence was promptly listed for sale. Due to unfavorable market conditions, the property was not sold until January 16, 1982, over 19 months from the date of the order of distribution. In the interim, wife continued to live in the residence and to…