Marriage of Girouard and Frazier
Appellant Girouard, the former husband of respondent Frazier, appeals from a judgment of dissolution entered by the trial court, a judge pro tem stipulated to by the parties. Appellant contends that the court erred by giving respondent a reimbursement from the community property estate for one-half of the value of a community property investment in two pieces of appellant’s separate real property both of which were sold during the marriage. The trial court ordered this reimbursement pursuant to the rule of In re Marriage of Moore (1980) 28 Cal.3d 366 (Moore) and In re Marriage of Marsden (1982) 130 Cal.App.3d 426 (Marsden). We conclude that, under the facts present here and the applicable law regarding the Moore/Marsden rule, the trial court erred. We hold that respondent was not entitled to any additional monetary payment at the time of the parties’ divorce because of the Moore/Marsden interest in appellant’s two previously-held properties. We thus reverse and remand the matter to the trial court for further proceedings consistent with this opinion.
Comments on Marriage of Girouard and Frazier