Marriage of Tearse CA1/4

I. BACKGROUND

Anne Tearse filed for legal separation from her husband, James, in 2013. Six years of contentious proceedings followed, culminating in a trial which produced a 170-page statement of decision from Judge Elizabeth M. Hill. The judgment is now pending both appeal and cross-appeal in another docket before this court (No. A158068). A. The Family Home in the Marital Judgment In the judgment, Judge Hill found the former family home at 205 W. Floresta Way to be community property, as “neither party claim[ed] a separate property interest.” The court also found the value of the home to be

2 $2.7 million. After determining the value of each party’s equity in the residence, the court denied Anne’s request for a deferred sale of the property. Instead, Judge Hill awarded the home to James, conditional on his ability “to obtain financing to remove [Anne’s] liability for any indebtedness secured by the marital residence.” In the event that James could not accomplish this buyout of Anne within 60 days, the court ordered the property to be listed for sale and sold “as-is.” The court also ordered Anne to vacate the residence upon proof of a buy-out or at the expiration of the buy-out…