Marriage of Elliott CA2/6

FACTS

The parties met in 1995 and began living together in April 1996 when they moved into a house on West Street in Laguna Beach (West Street). Husband purchased the West Street house by making the down payment of $51,500. He held title to the property in his name, as a single man. Wife testified that she made the down payment, that the parties had a joint bank account, and that they agreed they would share equally any assets acquired during their relationship. The trial court rejected this testimony, crediting Husband’s testimony on the issue instead. In connection with a prior divorce, his 1997 divorce from his first wife, Husband received title to a house on Cebolla Street in Rancho Santa Margarita (Cebolla). The house was rented out until it was sold in 2011. In 2007, the parties refinanced this property, taking out cash to pay off the mortgage on another property. The trial court found the Cebolla house became community property in this transaction. Husband does not dispute the characterization.

1All further statutory references are to the Family Code, unless otherwise noted.

2 Husband next bought a house on National Park Drive in Laguna Niguel (National Park) in February…