In Re Marriage of Eastis

After a childless marriage of three years' duration, wife filed an action for dissolution of the marriage and, after a contested trial, the court entered a judgment of dissolution.

(1) The court found that the wife had waived spousal support. It further found that the parties had community assets totalling $5,250 and community liabilities of $6,450. The wife was awarded community assets valued at $3,500 and ordered to pay $1,000 in community obligations. Thus, the net assets awarded to the wife amounted to $2,500. The husband was awarded community assets valued at $1,750 and ordered to pay $5,450 of community obligations. This left the husband with a net deficit of $3,700.

Husband appeals from that portion of the interlocutory judgment dividing the community assets and obligations.

Rather obviously the court was in error in its division of the community property of the parties. Civil Code, section 4800 provides that the court shall divide the community property equally. California Rules of Court define property as including "assets and obligations" (Cal. Rules of Court, rule 1201(d)) and further provide that the court "shall ascertain the nature and extent…