In Re Marriage of Tucker

Good Law
141 Cal. App. 3d 128·190 Cal. Rptr. 127·1983 Cal. App. LEXIS 1516
Court of Appeal of CaliforniaMarch 22, 1983Civ. 6149California3,135 words

Opinion

Opinion

Hamlin, J.

Dean A. Tucker (hereinafter husband) appeals from portions of a judgment in Family Law Act proceedings. Specifically, husband contends the trial court erred in finding the recently acquired family residence (Greenwood residence) to be entirely community property and in denying husband reimbursement for payments on a refrigerator which he possessed during the period of separation. We disagree.

Facts

Since only specific portions of the judgment are challenged, much of the evidence presented in the trial court is not relevant to this appeal. The principal asset in dispute was the Greenwood residence acquired during the one year and eight-month period of the marriage. Husband’s and wife’s interest in the single-family residence arises out of a “Real Estate Purchase Contract and Receipt for Deposit” (hereinafter purchase contract). This is a standard form provided by the California Association of Realtors.

The purchase contract was signed by husband and wife. It specified a $60,000 purchase price for the residence. At the end of the first numbered paragraph of the form, there is a preprinted instruction which reads, “Set forth above any terms and conditions of a factual…

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