Pollard
Pollard v. Pollard
Opinion
Lead Opinion
Work, J.
*1382 Opinion
In this hopefully unique case, we conclude that part of a judgment of dissolution which awards money in lieu of an in-kind division of nonmonetary community property is a money judgment on which interest accrues from the date of its entry, in the absence of an express or implied agreement by the parties to the contrary. Here, a remarried ex-wife has continued to reside in the marital residence and has received the entire benefit of seven-years’ appreciation in value of the marital residence. We conclude the ex-spouse is entitled to the lesser of either postjudgment interest from the filing of an interlocutory judgment awarding him his community equity valued as of that date or the appreciated value of his community share as of the date his ex-wife elects to fulfill her obligation to satisfy his award. Accordingly, we reverse that portion of the challenged order denying postjudgment interest from the entry of the interlocutory judgment of dissolution and remand the case with directions. In all other respects, the order is affirmed.
I
When Billie and James Pollard dissolved their marriage, they agreed Billie would have exclusive possession of the marital residence…