Lucy

Lucy v. Cochran

Good Law
104 Cal. Rptr. 2d 920·2001 Cal. App. LEXIS 201·2001 Daily Journal DAR 2715·87 Cal. App. 4th 1050
Court of Appeal of CaliforniaMarch 15, 2001No. E025973California3,950 words

Opinion

Lead Opinion

Gaut, J.

*1054 Opinion

1. Introduction

Jack D. Cochran (husband) appeals a marital dissolution judgment entered on August 24, 1999, wherein the trial court rejected his claim for reimbursement of separate property funds allegedly used for home improvements during his marriage.

Husband contends that under Family Code section 2640 1 he is entitled to reimbursement of funds paid from his separate property portion of his profit sharing plan. Those funds were deposited in a Chino Valley Bank account (Chino Bank), and from that account, husband wrote three checks, the first of which exhausted the community property funds in the account, with the exception of $213. The second check, in the amount of $32,950, was paid as earnest money for obtaining a home construction loan, and the third check was for payment of $9,258 for school fees which were required in order to obtain a building permit for construction of husband and Lucy Cochran’s (wife) home. Husband claims he is entitled to reimbursement for the payments of $32,950 and $9,258.

Husband also complains that the trial court erred in not considering his written objections and proposed corrections to the trial court’s statement of…

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