In Re Marriage of Escamilla

Appellant Louisa Escamilla appeals from an interlocutory judgment of marital dissolution, challenging the trial court’s division of community assets, the interest rate imposed upon a future payment appellant is to make to respondent, and conditions imposed upon an award of the exclusive possession of the family home to appellant as child support. For the reasons to be explained, we hold two of the conditions of the house possession award are unrelated to child support and must be stricken. We also point out an omission in the order pertaining to the method of calculating the fair market value of the house in the event appellant elects to exercise her option to purchase the house on the happening of one of the specified conditions. We remand for further proceedings.

The facts are:

The parties owned the following community assets: a family residence; household furnishings; a 1977 Dodge Colt automobile; a 1966 Chevrolet pickup truck; and miscellaneous personal property.

In pretrial papers, appellant estimated the 1977 Dodge had a fair market value of $2,000 and was encumbered to the extent of $2,000. Appellant further estimated the value of the unencumbered 1966 pickup…