In Re Marriage of Milse

This is an appeal of a judgment dividing property in a marriage dissolution. The principal issue is sufficiency of the evidence to justify the trial court’s ruling that the home of the parties, held of record in joint tenancy, is actually separate property of the wife. The finding was based on the wife’s assertion of an oral understanding to that effect with her husband before their voyage on the sea of matrimony hit the rocks. Also at issue is the effect of the subsequent enactment of Civil Code section 4800.1, which by its terms applies to all dissolution proceedings in which the division of property is not yet final as of January 1, 1984. That situation is present here by virtue of the husband’s appeal.

The undisputed evidence in the case establishes that the wife owned a home before her marriage to Mr. Milse. She sold that home and at the same time opened an escrow for purchase of another home. Originally, the escrow instructions called for delivery of title to the new residence in the name of Judith Alderson (wife’s name before marriage) as an unmarried woman. Later, however, there was an amendment providing for the deed to be in the names of Eric Milse and Judith…