In Re Marriage of Adams

Josepha Adams (wife) appeals from the amended order of the Superior Court of Stanislaus County filed May 9, 1985. That order denied wife the opportunity and right to reopen and modify her dissolution of marriage from Robert Adams (husband) under former Civil Code section 5124 to include husband’s military retirement as a divisible community property asset.

Statement of the Case and Facts

Husband and wife were married on December 22, 1963, and separated after approximately 17 years of marriage on October 18, 1980. They had three children, all of whom were teenage minors on the date the dissolution went to trial on June 3, 1982. The parties entered into a stipulation which became the court’s judgment on November 3, 1982. Pursuant to the stipulation, each party was awarded the personal property in their possession. Wife was allowed exclusive possession of the family home for a three-year period, at which time she would have the opportunity to purchase husband’s one-half interest in the equity or place the home on the market to equally divide the net sale proceeds with husband. During wife’s occupancy, she was to be responsible for all mortgage payments, taxes, insurance…