Storek

its application under Code of Civil Procedure section 704.750 for an order for sale of a dwelling. The trial court denied the application after determining that respondent Richard W. Storek has a one-half separate property interest in the dwelling, and that the value of that interest is less than the combined amount of Storek’s homestead exemption under section 704.730 and all liens and encumbrances on the dwelling. Abbett contends that the trial court erred in finding that the dwelling is not the community property of Storek and respondent Donna Belle Cook, in calculating the value of Storek’s interest, and in refusing to issue an order for sale of Storek’s interest notwithstanding its determined value. We find no error in the court’s determination of the nature and value of Storek’s interest. However, we agree that the court should have issued an order for sale notwithstanding that determination.

Factual and Procedural Background

Storek and Cook married on September 16, 1957. In 1973, they purchased a residence at 16 Madrone Park Circle, Mill Valley, California (hereafter the residence). They took title to the residence as follows: “Richard W. Storek and Donna Belle…