In Re the Marriage of Garcia

This case involves two issues which frequently arise in family law matters: (1) an order that one spouse pay a community debt in lieu of spousal support; and (2) the obligation of a spouse to compensate the community for the exclusive use of a community asset following separation.

After appellant (hereinafter wife) filed for dissolution of her 33-year marriage, pendente lite orders (Civ. Code, § 4357) granted her temporary use of the family residence and directed respondent (hereinafter husband) to make the mortgage payments “[i]n lieu of spousal support.” In the ensuing judgment, the trial court found that wife’s financial needs exceeded her income by an amount greater than the mortgage payment and ordered husband to continue making a portion of the mortgage payment in lieu of spousal support until the residence was sold. However, the trial court concluded that wife was required to reimburse the community for the rental value of the residence during her exclusive occupancy. Thus, it ordered her to pay husband $400 per month (one-half of the rental value) from the date of separation until the residence was sold, for a total of approximately $15,000.

On appeal, wife…