Downer v. Bramet

152 Cal.App.3d 837 (1984)

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Nature of the Case

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Facts

H and W were married in 1953, and separated in 1971. H was an accountant and a tax expert. H worked for Chilcott Enterprises and was the boss' 'right-hand man.' In December 1972, a marital settlement agreement was executed. The agreement provided that all income and earnings after March 4, 1972, should be the separate property of the acquirer and that each party released any claim to such earnings or after-acquired property. The agreement had a liar agreement for future discoveries about undisclosed community property. In August 1972, before the parties executed the agreement, but after the March 4 date specified in the settlement agreement, the Chilcotts deeded the W-4 Ranch in Oregon to H and two other employees. H did not mention his interest in the ranch at the time he executed the settlement agreement in December 1972. In 1978, the ranch was sold for over $1.35 million, and H's interest in the sale proceeds was turned over to his conservator as H had had a stroke. W sued H for her half of H’s ranch proceeds. Mr. Chilcott testified the conveyance to the three employees was a gift. The court ruled a nonsuit, and W appealed. The trial court should have allowed her to introduce expert testimony whether the ranch was a gift or deferred compensation.