In Re Marriage of Weaver

1. Introduction

Kathi D. Weaver (wife) appeals a portion of a judgment of dissolution entered on July 16, 2003, awarding John R. Weaver (husband) reimbursement of the down payment he paid on husband and wife’s residence located on Scandia Drive in Running Springs (Scandia residence). Wife also appeals the judgment finding that she was not entitled to any interest in the residence located on Thule Lane in Running Springs (Thule residence).

Wife contends that since she and husband purchased the Scandia residence as joint tenants prior to their marriage, husband is not entitled to reimbursement of the down payment, which he paid with his separate property. Wife further contends she had an ownership interest in the Thule residence as a joint tenant and therefore the trial court erred in finding she had no interest in the property.

We conclude there was substantial evidence establishing that husband and wife’s original separate property interest in the Scandia residence, as joint tenants, became community property. As a consequence, the court appropriately reimbursed husband for the down payment.

As to the Thule residence, the judgment is reversed. At the time wife filed…