In Re Marriage of Braud

In these cross-appeals, Daniel Braud and his ex-wife, Connie Braud, seek review of an “Order on Reserved Issues," which was entered after trial in this marital dissolution action on June 23, 1994. By that order, the trial court ruled that: (1) Notwithstanding Daniel’s substantial separate property investment in the family home, sale would be deferred until the parties’ youngest child reaches the age of 18, pursuant to Family Code section 3800 et seq.; (2) At the time of sale, Daniel would be reimbursed (without interest) for a $34,396 lump-sum payment on the parties’ mortgage plus $10,000 for improvements to the family home, both of which he claimed to have paid out of funds he inherited from his grandmother; (3) Daniel was entitled to keep $20,734 out of a $25,000 withdrawal he made in September 1991 from a joint account which contained both separate property and community property funds; (4) Daniel was to receive an offset against his monthly child support obligations in an amount equal to one-half the net fair rental value of the family home; and (5) Connie was to receive an award of attorney fees, but the amount would be limited to $500.

We conclude that the trial…