In Re Marriage of Lachenmyer

Jean A. Lachenmyer appeals that portion of the judgment dividing community property which awarded the parties’ condominium to her husband, William Lachenmyer, under application of Civil Code section 4800.2. That section provides for reimbursement of separate property contributions to the acquisition of community property.

Jean contends: (1) retroactive application of section 4800.2 is unconstitutional as a deprivation of vested property rights without due process of law; (2) section 4800.2 does not apply to a “gift” of separate property to the community; (3) the trial court improperly applied section 4800.2 in determining William’s reimbursement.

We hold retroactive application of section 4800.2 to this case is not constitutionally valid. We need not reach the other issues, and we remand the matter to the trial court for proceedings consistent with this opinion.

Facts

Jean and William signed a prenuptial agreement on November 18, 1977, and were married in California on December 14, 1977. The agreement listed their items of separate property and provided that these respectively remain their separate property. The agreement provided for amendment by a writing. William…