In Re Marriage of Benart

In a proceeding to dissolve the marriage of Michael D. Benart (husband) and Terry C. Benart (wife), husband has appealed from portions of the interlocutory judgment dealing with the family residence. He contends the trial court erred in failing to apply newly enacted sections 4800.1 and 4800.2 of the Civil Code.

Facts

In January 1977, before the marriage, wife purchased a house and lot for $38,500. She paid $2,050 down and obtained a loan of $36,450 for the balance, secured by a first trust deed on the property. Wife’s payments on the first trust deed note were $336 per month.

In June 1978, still before the marriage, wife borrowed $10,700 secured by a second trust deed on the property. Her payments on the second trust deed loan were $206 per month.

The parties were married on April 12, 1980, and the property was the family home. After the marriage, payments on the first and second trust deed loans were made from community funds. The fair market value of the property at the time of marriage, disregarding encumbrances, was $80,000.

On September 29, 1980, a grant deed was recorded by which wife conveyed the property to herself and husband as joint tenants. Apparently…