Scherr

Scherr v. Scherr

Good Law
177 Cal. App. 3d 314·1986 Cal. App. LEXIS 2752·222 Cal. Rptr. 872
Court of Appeal of CaliforniaFebruary 6, 1986No. B004916California2,349 words

Opinion

Lead Opinion

Feinerman, J.

Linda M. Scherr (wife) appeals from certain provisions of the trial court’s interlocutory judgment of marital dissolution. She contends that the court erred in characterizing the single-family residence as the sole and separate property of her husband, Stefan E. Scherr (husband), subject only to a pro tanto community interest, absent an agreement or understanding that the residence would remain separate property after the recording of a joint tenancy deed during marriage.

Background

Husband and wife were wed on December 30, 1973, and separated approximately seven years later, after the birth of one child. On October 28, *316 1983, the marriage was dissolved by an interlocutory judgment which designated the family residence at 14952 Gilmore in Van Nuys (hereinafter referred to as Gilmore) as husband’s sepárate property, subject to a community pro tanto interest.

Husband purchased the Gilmore property on August 2, 1973, about five months prior to marriage, and took title in his name alone, as a single man. On October 6, 1978, he executed a deed which transferred title to Gilmore to the parties, husband and wife, as joint tenants.

The deed was prepared by wife after…

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