In Re Marriage of Shea

Thomas M. Shea appeals an interlocutory judgment dissolving his marriage to Sandra E. Shea. The appeal concerns only the trial court’s finding Thomas’ veteran’s education benefits received during marriage were community property, and the trial court’s method of computing the community interest in the parties’ residence.

Thomas served in the United States Navy from January 1969 to January 1973. In May 1973 he began receiving veteran’s education benefits ( 38 U.S.C. § 1651 et seq.) which continued, with a few interruptions during the summer months when he was not in school, until December 1978. In June 1974, he bought a house, taking title in his own name. He made a down payment of $3,000, paid almost $1,500 in “points” and closing costs, and obtained a loan for the balance of the purchase price. He then began making monthly payments on the loan. Each installment included interest, taxes and insurance, as well as reduction of the loan principal. Sandra and Thomas were married November 27, 1974, and separated May 17, 1979.

At trial Thomas contended the veteran’s benefits were his separate property and he sought to introduce evidence showing he had used these funds for most…