In Re Marriage of Bankovich

Kathryn M. Bankovich appeals that portion of a judgment of dissolution which orders her to reimburse her husband, Stephen G. Banko vich, for his separate property contribution to their former residence under application of Civil Code section 4800.2. This section states a party is entitled to reimbursement for separate property contributions toward acquisition of community assets unless the contributing party has executed a written waiver. Effective January 1, 1987, the Legislature amended section 4800.1 to include a statement that section 4800.2 applies to cases involving property acquired before the enactment of section 4800.2. Applying binding case precedent, we find this amendment would unconstitutionally deprive persons of vested property rights without due process of law. Accordingly, we reverse that portion of the judgment.

I

In 1980, during their marriage, Kathryn and Stephen purchased a home for which Stephen used $22,800 of his separate inheritance as a down payment. There was no agreement Stephen’s contribution was to remain separate and title was taken in their names as joint tenants.

After filing for dissolution, the parties sold the house and received…