Hopkins

Does Civil Code section 4800.2 govern in a dissolution proceeding filed after January 1, 1984, but involving property acquired before that time, where judgment was rendered prior to January 1, 1987? On constitutional grounds, we hold it does not.

The facts in this case are undisputed. In 1982, while married, Mary Lou Hopkins (Wife) and Harry Axene (Husband) purchased a Palm Desert *290 condominium. Although the entire $198,000 purchase price was paid by Husband from his separate property, title was taken in both parties’ names, as community property.

The parties separated in June 1983 and Wife petitioned for dissolution of marriage in June 1984. The marriage was dissolved in December 1984 and trial on reserved issues was held in January 1986. At trial, Husband requested reimbursement for his separate property contribution to the condominium. He based his claim on Civil Code section 4800.2, 1 which permits reimbursement of separate property contributions to community assets, absent a written waiver of reimbursement. Although section 4800.2 was in effect when the dissolution petition was filed, the court refused to apply it because the acquisition preceded the effective…