Franecke

BACKGROUND

This is the third appeal in the parties’ marital dissolution action regarding division of their community estate. We summarize here the background and facts pertinent to the issue presented in this appeal, incorporating where relevant our

All further statutory references are to the Family Code

unless otherwise stated.

1 recitation of the facts from our first opinion.2 (In re Marriage of Franecke (June 28, 2019, A151670) [nonpub. opn.] (Franecke I).) Franecke and Melkonian entered into a premarital agreement (PMA) prior to their 1999 marriage. In 1998, the parties contracted with Masma Construction (Masma) for the purchase of a lot on Miwok Drive in Novato and construction of a residence there. In the PMA, the parties agreed that the Miwok residence was community property. The course of the house acquisition and construction was not smooth. In 2001 and 2002, two mechanic’s liens were recorded against the house, as well as a notice of default. To save the residence from foreclosure, Franecke, on behalf of himself and Melkonian, purchased the first and second mortgages and obtained clear title to the property after successfully bidding at a public foreclosure sale.…