In Re Marriage of Brigden

Ann L. Brigden (hereafter Wife) and John K. Brigden (hereafter Husband) are cross-appellants from an interlocutory judgment of dissolution of marriage. (See Code Civ. Proc., § 904.1, subd. (j).) Both parties urge that the major issue upon appeal concerns that portion of the judgment disposing of 66,304 community-owned shares of stock in Logicon, Inc. (hereafter Logicon). The entire block of Logicon stock was awarded to Husband as his separate property. But one-half of this award, the 33,152 shares which represent Wife’s equal interest in the stock, was awarded to Husband subject to conditions which are summarized below.

Wife contends that (1) the findings of fact relating to the award of the community-owned block of Logicon stock are based upon insubstantial evidence; (2) under the facts of this case, an equal “in kind” division of the Logicon stock is required; and (3) the division of community property that was made is not substantially equal. Husband, on the other hand, contends that it was improper for the judgment to place the risk of loss resulting from a decrease in stock value below $4 per share solely upon him.

We agree with Wife and, therefore, do not reach…