Marriage of Pham-Held and Held CA4/3

FACTS AND PROCEDURAL BACKGROUND

A few months after marrying in February 2003, the parties jointly purchased the house with each paying an equal amount. They separated in June 2006 and husband moved out of the house. The parties agreed wife would purchase husband’s share of the house. In August 2006, husband signed an interspousal transfer grant deed giving wife sole title to the house. The deed was recorded the next month. The trial court set the matter for an eight-hour trial in May 2012 regarding the disposition of the house. Under a stipulation and order, wife was to provide husband with, among other things, an appraisal of the residence. She did not do so. Wife attempted to introduce an appraisal report from September 2011 that would purportedly show the house was then worth $1.45 million. But because the person who wrote the report did not testify, the court deemed the document to be hearsay and ruled it did not qualify as a business record. Wife testified the value of the house at the time of escrow in 2006 was $1.9 million. Husband assessed the house as then being worth slightly more, $1,967,000, which was also the agreed upon amount for the buyout. Wife’s forensic…