O'Farrell

O'Farrell v. Tipton

Good Law
139 Cal. Rptr. 3d 548·2012 Cal. App. LEXIS 400·204 Cal. App. 4th 1178
Court of Appeal of CaliforniaApril 10, 2012No. A132327California2,279 words

Opinion

Lead Opinion

Reardon, J.

—Nondebtor spouse Marcia Tipton appeals from a postjudgment order granting respondent Litke O’Farrell, LLC (Litke), a charging order against what she asserts has become her separate property interest in certain partnerships and limited liability companies that were divided pursuant to a marital settlement agreement (MSA). The charging order was designed to satisfy a judgment entered against her husband, Richard Tipton. The trial court concluded that under Family Code 1 section 916, subdivision (a) (section 916(a)), her interest in such property did not become shielded from creditors until entry of judgment of dissolution or separation, which occurred after Litke’s charging liens in this case attached. We agree with appellant that upon entering into an enforceable MSA, the parties accomplished a division of their community estate such that the community property awarded to her became her separate property prior to attachment of the charging liens. Accordingly, we reverse the judgment.

*1181 I. BACKGROUND

In August 2009, the trial court entered judgment for $523,979.28 in favor of Litke and against Richard Tipton and others. We affirmed the judgment. (Litke O’Farrell, LLC…

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