Cairo

Orlando M. Cairo appeals from portions of a judgment entered in a dissolution proceeding (1) characterizing a parcel of real *1258 property as community and awarding half the proceeds of its sale to each party, and (2) assigning to husband certain credit card debts. The principal question in this appeal is the applicability of Civil Code section 4800.2. We hold that section 4800.2 cannot constitutionally be applied to property acquired before January 1, 1984, even if the petition for dissolution was filed after that date and judgment entered after January 1, 1987.

Facts and Trial Court’s Findings

Orlando M. Cairo (husband) and Lena J. Cairo (wife) were married in November 1954; they separated February 10, 1986, after over 31 years of marriage.

In August 1975, husband inherited $108,000. On August 21 of that year, the money was deposited in a Bank of America account in the names of both husband and wife. Wife occasionally withdrew money from that account to pay household expenses. Without informing wife, in early 1976, husband withdrew the balance remaining in the account, approximately $85,606, and deposited those funds in a new Bank of America account in his name…