House
House v. House
Opinion
Lead Opinion
Ashby, J.
Appellant (Wife) appeals from an interlocutory judgment of dissolution of marriage and from an order denying a new trial.
Wife and Husband were married August 13, 1966, and separated February 15, 1972. The interlocutory judgment of dissolution of marriage was entered May 4, 1973.
In making its order the trial court found: “Respondent has been in private practice since 1944; the gross yearly fees received by Respondent during the marriage, adjusted for inflation and the area serviced, shows little or no increase to gross yearly fees prior to marriage. There is no evidence that the value of Respondent’s practice is greater subsequent to the marriage than on the date of marriage. Petitioner has not shown an increase of receivables, payables, cash, goodwill from those existing to [sic] prior to marriage, all of which comprise and make up the value of Respondent’s medical practice.” The court concluded that the medical practice of Husband has no or negligible community property value and awarded the practice, including the accounts receivable, to Husband as his sole and separate property.
The question presented by this appeal is whether the trial court erred in failing to…