Marriage of Namba and Yoo CA2/2

DISCUSSION

I. Applicable Law

Family Code section 2556 1 provides: “In a proceeding for dissolution of marriage, . . . the court has continuing jurisdiction to award community estate assets or community estate liabilities to the parties that have not been previously adjudicated by a judgment in the proceeding. A party may file a postjudgment motion or order to show cause in the proceeding in order to obtain adjudication of any community estate asset or liability omitted or not adjudicated by the judgment. In these cases, the court shall equally divide the omitted or unadjudicated community estate asset or liability, unless the court finds upon good cause shown that the interests of justice require an unequal division of the asset or liability.” “[S]ection 2556 applies to community property not actually adjudicated in the previously entered dissolution judgment.” (In re Marriage of Huntley (2017) 10 Cal.App.5th 1053, 1061.) “The mere mention of an asset in the judgment is not controlling. [Citation.] ‘[T]he crucial question is whether the benefits were actually litigated and divided in the previous proceeding.’

All further statutory references are to the Family Code unless…