McKnight

Plaintiff appeals from summary judgment entered against him and in favor of defendant Julie Faber.

I

Factual and Procedural Background

In 1975 Melville Faber and Julie Faber, husband and wife, were owners of a residence on which they had recorded a joint declaration of homestead. In 1976 plaintiff sued Melville Faber and others not parties to the within action, for money due on a promissory note and guaranty, and obtained an order for writ of attachment for $50,000 against the Faber residence. In September 1980 Julie Faber filed a petition for dissolution of marriage; on November 18, 1980, a stipulated interlocutory judgment of dissolution was entered determining that the family residence is community property and that Julie Faber could reside there with the parties’ two minor children through October 1, 1987, after which time the residence was to be sold and the net proceeds divided equally between husband and wife. Husband was to pay the mortgage, taxes, insurance and utility bills on the residence. The dissolution of marriage became final upon entry of final judgment on May 28, 1981.

In November 1981, pursuant to written stipulation and court order in plaintiff’s…