Walker

Walker v. Walker

Good Law
138 Cal. App. 4th 1408·42 Cal. Rptr. 3d 325
Court of Appeal of CaliforniaApril 27, 2006No. A109284California6,856 words

Opinion

lead Opinion

Jones, J.

Appellant Lynn A. Walker (Wife) appeals the judgment that distributed community assets following the dissolution of her marriage to *1412 respondent Robert A. Walker (Husband). She contends the trial court incorrectly valued the community real property and that there was insufficient evidence she breached her fiduciary duty to Husband.

BACKGROUND

The parties married on August 21, 1980. During the marriage and prior to his retirement, Husband contributed to a Keogh retirement fund he had opened approximately 20 years before the marriage. When he retired on February 28, 1989, he rolled the Keogh fund into an individual retirement account worth $105,000 at the time (the Morgan Stanley IRA 1 ).

In 1992 the parties bought a single family house in the Hidden Valley Lake development of Middletown, California (the Middletown house).

The parties separated on November 15, 2002, with Wife moving out of the Middletown house. When they separated the Morgan Stanley IRA was worth between $2,900 and $3,200.

On April 18, 2003, the Middletown house was appraised at $265,000.

On August 5, 2003, Husband petitioned for dissolution.

On December 30, 2003, the Middletown house was…

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