Devlin

Devlin v. Devlin

Good Law
138 Cal. App. 3d 804·189 Cal. Rptr. 1·1982 Cal. App. LEXIS 2281
Court of Appeal of CaliforniaDecember 30, 1982Civ. No. 21679California2,388 words

Opinion

Lead Opinion

Evans, J.

The question presented is whether the trial court erred in awarding the bulk of the parties’ community property to husband on the basis that the property was acquired with husband’s personal injury proceeds.

The parties were married in July 1975, and separated in May 1977. At that time, wife initiated proceedings to dissolve the marriage, but the parties reconciled prior to the entry of a final judgment of dissolution. The couple remained together until May 1981, and wife later filed the instant action to dissolve the marriage.

Prior to the time the parties first separated, husband was severely injured in an automobile accident, rendering him a paraplegic. The personal injury damages, totaling at least $175,000, were received by husband sometime after the parties reconciled.

*807 At trial, the evidence demonstrated that all of the personal injury damages had been spent, and .that all of the property of the community at the time of separation was purchased with the personal injury proceeds. Most of this property consists of equity in real property and a mobilehome placed thereon and used as a family residence. The mobilehome has been specially equipped and adapted for…

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