In Re Marriage of Dekker

In a dissolution, husband (David) claimed community interest in a corporation formed during the marriage, Gas Turbine Services Corporation (GTS), whose stock had been issued to wife (Barbara). In bifurcated proceedings the court found: (1) Barbara was the title holder to the GTS stock; (2) judicial estoppel did not bar David from asserting community interest in GTS; (3) the increased value of GTS was due to David’s effort, expertise and contacts; (4) under the doctrine of equitable apportionment and Pereira v. Pereira (1909) 156 Cal. 1 [ 103 P. 488 ], Barbara’s separate property investment in GTS was due a 10 percent annual return, and the balance of GTS profits was community property.

Barbara appeals, asserting (1) error in finding that judicial estoppel did not bar David’s claim; and (2) error in applying the doctrine of equitable apportionment. We conclude substantial evidence supports the court’s findings. Accordingly, we affirm.

Facts and Procedure

Barbara and David lived together from December 1981. David worked in the aerospace field. Barbara was unemployed, but she had some $75,000 in separate property. Barbara and David were married August 29, 1982.

David…