Markovitz

This is an appeal from an interlocutory decree of divorce granted for extreme cruelty. Plaintiff herein contends that the apportionment of community property made by the trial court is contrary to law and unjust, and asks this court to modify the judgment in that respect, and to instruct the trial court to enter judgment as so modified.

There can be no doubt that this court, as a reviewing court, is by statute given the power of changing the trial court’s disposition of community property if from a review of the record this court finds that the apportionment made is unjust. (Civ. Code, §148; Hill v. Hill, 150 Cal.App.2d 34, 35 [ 309 P.2d 44 ].)

Plaintiff’s claim in the present case is that since she obtained the divorce on the ground of extreme cruelty, she was entitled to be awarded more than one-half of the community property and that this was not done. More specifically, she contends that in disposing of the principal community asset, a convalescent hospital, to the parties as tenants in common, the trial court erred in awarding defendant husband two-thirds of the “net proceeds” which are earned from the operation of the hospital. Our task, however, is not confined to…