Shanahan

Shanahan v. Shanahan

Good Law
157 Cal. Rptr. 30·1979 Cal. App. LEXIS 1961·95 Cal. App. 3d 295
Court of Appeal of CaliforniaJuly 24, 1979Civ. No. 55447California234 words

Opinion

Lead Opinion

Kingsley, J.

In 1974, in case No. 40965, the wife secured a decree of separate maintenance. That decree contained the following provision here material:

The wife has appealed from the interlocutory decree; we reverse the portion of that decree above quoted.

The parties agree that a decree dividing community property is not subject to modification after it has become final. They also agree that an order for support may be modifiable by a later order or decree. We *298 need not here discuss the extent to which a trial court may make a division of property as part of, or in lieu of, support provisions. It is clear from the record that the decree in case No. 40965, was not of that character. The stipulation, and the decree based thereon, in express language, declared that the order relating to the home was one of division of the community property of the marriage. As such, it could not be modified by any later decree, whether in that action or in a subsequent one.

The portion of the interlocutory decree entered in case No. 61788, above quoted, is reversed; otherwise the interlocutory decree is affirmed. Appellant shall recover her costs on appeal.

Jefferson (Bernard), J., and…

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