In Re Marriage of Demblewski

Good Law
1994 Cal. App. LEXIS 668·26 Cal. App. 4th 232·31 Cal. Rptr. 2d 533·94 Daily Journal DAR 9307·94 Cal. Daily Op. Serv. 5078
Court of Appeal of CaliforniaJune 28, 1994G013114California2,096 words

Opinion

Opinion

Wallin, J.

— Theodore Demblewski appeals an order characterizing the former family residénce as community property and awarding it to his ex-wife Eleanor, and continuing jurisdiction over two pieces of real property located in New York. He contends the court failed to set forth adequate factual or legal bases for its determination, and reversal is required. We agree.

Theodore and Eleanor Demblewski were married in New York in 1937. They were granted a legal separation in New York in 1960, but reconciled in 1963 and resumed living together. They moved to California and bought a home in Villa Park in 1973. The original grant deed to the residence, which designated Theodore as a married man and granted the property to him as his sole and separate property, was not recorded. In 1990 the parties separated again. Eleanor remained in the residence and filed for legal separation. Theodore filed a response requesting dissolution. In 1991 Theodore found a second deed to the residence dated 1978 which had been recorded, along with a letter which bore his signature and requested the sellers to execute the deed. The 1978 deed was signed by the sellers and granted the property to Theodore,…

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