Estate of Baer CA4/3

FACTS

Robert was 60 and Marlene was 43 when they were married in 1978. Marlene had suffered from polio contracted at age 18. Shortly after meeting Robert, Marlene was confined to a wheelchair where she remained for the balance of her life.

1 We use first names for clarity, not out of disrespect. 2 Robert was still living when the original petition was filed but died before the matter was tried.

2 In 1987 the parties purchased the Property for rental property, making a down payment of $22,000 and recording a deed of trust securing a note for $90,400, taking title as community property. In 1991 Robert executed and recorded a quitclaim deed to the Property to Marlene as her separate property. The value of the Property at that time was $155,000. Thereafter, Marlene transferred the Property into her separate property trust. Robert and Marlene referred to the Property as “Marlene’s place” or “[Marlene’s] Yorba Linda property.” In 2005 Marlene obtained a $229,350 line of credit loan, to be used for living expenses if needed, secured by the Property. Robert agreed to subordinate any interest in the Property he might acquire. The line of credit loan paid off the $90,400 purchase price.…