Oliverez v. Oliverez

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The parties married in 1993; in 2007 Wife sought dissolution. After the court declined to enforce a 2008 purported marital settlement Agreement, it held a 15-day trial, reconsidered its previous ruling and entered judgment incorporating the Agreement. On remand, the trial court rejected Husband’s request that the court value certain community assets as of the 2012/2013 trial date and assign certain real properties to him. The court ordered that the properties be appraised and sold; it characterized one property, “La Madrona,” as partially Husband’s separate property, despite the parties’ prior stipulation that it was a community asset subject to Husband’s right to reimbursement of separate property funds used for its purchase. The court found that Husband used presumptively community funds to make a $600,000 equalization payment to Wife under the Agreement, thus requiring Wife to reimburse Husband only half of that amount. Determining neither party to be credible, the court denied numerous other claims, including Husband’s request for Epstein credits based on his alleged payment of certain community expenses following the parties’ separation. The court of appeal upheld the order for appraisal and sale of the real properties, and the denial of Husband’s request for Epstein credits. Husband did not object in the trial court to the characterization of the $600,000 payment as being from a community source. The trial court erred in characterizing La Madrona as partially Husband’s separate property given the parties’ stipulation. View "Oliverez v. Oliverez" on Justia Law