In Re Marriage of Garrity and Bishton

JOHNSON,

J.—This is an appeal from a further judgment on bifurcated

issues following entry of an interlocutory judgment of dissolution of marriage. The appellant raises numerous issues in challenging the trial court’s determinations concerning the proper division of property between the parties.

Statement of Facts and Proceedings Below

The appellant, Bishton, and the respondent, Garrity, met in February 1979. Both are lawyers. They had each been previously married. Bishton had three children from his prior marriage while Garrity had four children.

In April or May 1979, Bishton and Garrity decided to get married. Prior to marriage, the parties entered into a premarital agreement. The agreement was initially an oral one. However, as part of this agreement, Bishton subsequently prepared a written contract. At the same time the parties signed the premarital agreement, they executed joint mutual wills. Bishton also subsequently placed his house in joint tenancy. Pursuant to the premarital agreement, each party’s separate property was deemed community property and all property acquired after the signing of the agreement was likewise to be deemed community property. Each…