In Re Marriage of Karlin

From an interlocutory judgment decreeing a dissolution of marriage, Francis J. Karlin appeals; Cathryn M. Karlin also cross-appeals from the same judgment. Both the appeal and the cross-appeal concern only the trial court’s division of property. Appellant contends the trial court improperly concluded a portion of his military pension was community property; he also contends the trial court erred in concluding the Karlin family residence was a community asset. Finally, he asserts the trial court erred in awarding Cathryn one-half of $16,000 in U.S. government bonds and one-half of a $30,000 note receivable. Cross-appellant, on the other hand, concludes the court inadvertently failed to' include within the divided community assets the amount within a savings plan and 131 shares of McDonnell-Douglas common stock.

As we shall explain below, we confirm the trial court’s determination appellant’s retired military pay is, in part, a community asset. As we shall also explain, the court did not err in concluding the family residence was community property, since respondent’s petition had alleged and appellant’s answer had admitted its community property nature. Moreover, we are…