In Re Marriage of Elkins

This is an appeal from a final judgment of dissolution of marriage and from an order denying appellant’s motion to set aside the judgment. The motion was noticed for a date subsequent to the entry of the interlocutory judgment but before final judgment. Final judgment reserved appellant’s right to move “to have the interlocutory judgment vacated so far as division of property is concerned.” The motion is based on the fact, admitted by both sides, that because of concealment the com munity property actually was divided unequally, although the community property which was listed in the petition for dissolution was equally divided by the interlocutory judgment. This consisted of various funds on deposit. amounting to $21,328.39, household furniture, and two automobiles. The unequal division, effected without the court’s knowledge, favored the husband, although certain community property of the wife, too, was undisclosed to the court at the hearing on dissolution.

It is unnecessary to say more about, the undisclosed community property held in the name of the wife than that it consists of an accumulation in-the California Public Employees’ Retirement System valued as of June…