In Re the Marriage of Gagne

Appellant, James L. Gagne, appeals from the trial court’s judgment of dissolution of marriage. He primarily challenges the family law court’s jurisdiction to determine a premarital loan agreement between the spouses entered into before marriage. Because we find the parties voluntarily submitted this issue to the court in the dissolution proceeding, we hold the family law court had jurisdiction to make all determinations regarding the premarital loan.

Facts and Proceedings Below

On March 6, 1979, petitioner, James Gagne (James) and respondent, Alexandria Gagne Colman (Alexandria) purchased a family residence located at 1433 Roscomare Road, Los Angeles, California. They took title as “James Gagne, an unmarried man, and Alexandria Colman, a married woman, as her separate property as joint tenants.” At the time of purchase Alexandria was in the process of dissolving a prior marriage.

James and Alexandria agreed if she loaned James $59,735 from her separate property for the down payment on the family residence, he would repay her, upon demand or upon sale of the house, with annual interest at the rate of 10 percent. Alexandria lent James $59,735 for the down payment on the…