Paddock

This is an appeal from the division of community property effected by the trial court in its August 7, 1970, interlocutory judgment dissolving the marriage of petitioner (respondent on appeal) Lilly G. Paddock, and respondent (appellant on appeal) Eliot E. Paddock. The court found certain real property to be a community property homestead worth $25,828.08 and assigned that property absolutely to petitioner. The court then found the value of the rest of the community property to be in the amount of $16,220.02, and divided it equally between the two parties.

The issue on appeal is whether, under California law as it existed on August 7, 1970, the court erred in segregating the homestead from the rest of the community property and awarding it to one of the parties, and in then dividing the remaining community property equally rather than *358 dividing all of the community property, including the homestead, equally. We hold that the court was in error.

California Civil Code section 4800 (effective January 1, 1970 and in August of that year) provided in pertinent part: “The Cburt shall 1 ... in its interlocutory judgment decreeing the dissolution of the marriage . . . divide…