Miller v. Cooper (In re Cooper)

*987 In this marital dissolution case, the trial court found four investment accounts held in joint title by Billie Miller (wife) and Dane Cooper (husband) during their marriage to be wife's separate property. The trial court also ordered that wife be reimbursed for her down payment of $40,000 on the marital residence on the ground her separate property was the source of the down payment. After the parties separated, wife lived in the marital residence for approximately eight years. For this time period, the trial court determined wife should be reimbursed for $36,040.25 she paid to maintain the residence. (See In re Marriage of Epstein (1979) 24 Cal.3d 76 , 154 Cal.Rptr. 413 , 592 P.2d 1165 ( Epstein ), superseded by statute on other grounds as noted in In re Marriage of Prentis-Margulis & Margulis (2011) 198 Cal.App.4th 1252 , 1280, 130 Cal.Rptr.3d 327 .) However, the trial court denied husband's request for the community to be reimbursed the fair rental value of the house during the same time period. (See In re Marriage of Watts (1985) 171 Cal.App.3d 366 , 217 Cal.Rptr. 301 ( Watts ).)

On appeal, husband contends (1) the jointly titled investment accounts are community…