In Re Marriage of Gonzales

Samuel Sebastian Gonzales appeals from the portions of the interlocutory judgment of dissolution of marriage which charac terize the family residence as 41.4 percent community property and 58.6 percent wife’s separate property and which distribute the interests in said real property. Maria Elizabeth Gonzales cross-appeals from the portions of the interlocutory judgment whereby the court reserves jurisdiction over husband’s civil service retirement benefits and jurisdiction over the family residence. We discuss each of the parties’ contentions, noting however, that this court has the benefit of recent appellate decisions which were not available to the trial court at the time the interlocutory judgment was entered.

The parties were married July 2, 1966, and separated November 24, 1976. There are two minor children of this marriage. Maria’s mother died suddenly, and her father came to live with the family. The couple, Maria’s father, the children, and Maria’s child by a former marriage all lived in a four-room flat. Living conditions were unsatisfactory, and Maria’s father told her to go buy a house. In April 1971 the real property in question was purchased for $29,500. At…