In Re Marriage of McDole

Adrienne M. McDole appeals from an interlocutory judgment of dissolution of marriage in which the trial court characterized the family residence as community property and ordered it sold and the proceeds of sale divided so as to equalize the division of community property. She contends the community property characterization of the family residence is not supported by substantial evidence and is contrary to law. Alternatively she contends that Civil Code section 4800.2, enacted in 1983, is to be applied retroactively to this case and that she is therefore entitled to be reimbursed for her separate property contribution to acquisition of the family residence. In addition, appellant requested a statement of decision below, but none was made, and because the record does not adequately disclose the basis for the trial court’s decision, we have ourselves raised the question of the effect of the failure of the trial court to render a statement of decision.

Facts

Adrienne M. McDole (wife) and Dave Lynn McDole (husband) were married on May 16, 1981, and separated on July 6, 1982.

On or about June 29, 1977, prior to the marriage, wife acquired a residence on Arden Avenue as her…