Stratton

*175 Opinion

In the instant appeal, the wife raises only two issues, both relating to the division of property made in the interlocutory decree. We agree with the wife as to one item and disagree with her as to the other.

I

During the marriage, the husband caused the family home to be placed in joint tenancy with the wife. The decree found that the home was community property, that its gross value was $61,000; and that there was an encumbrance thereon of $46,214.42. The court awarded the home to the husband, subject to his paying to the wife a sum equal to one-half of the equity in the property, less an estimated cost of sale of $3,800. The parties do not contest that action other than the contention of the wife that the estimated cost of sale should not have been deducted in arriving at the sum to be paid to her. The difference is $ 1,90o.

The husband relies on the decision in In re Marriage of Drivon (1972) 28 Cal.App.3d 896 [ 105 Cal.Rptr. 124 ], wherein the court affirmed a similar deduction. But in Drivon it appeared that the home property would necessarily be sold if the husband was to pay off the encumbrance on it. In the case at bench, the record is clear that no…