Marriage Of Aufmuth

89 Cal.App.3d 446 (1979)

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Nature of the Case

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Facts

H and W married on August 19, 1967. H was then a law student and part-time clerk, and W was a teacher. W worked until February 1969, when the first child of the marriage was born. W was a housewife. In July 1971, they purchased a family residence for $66,500 with a down payment of $16,500. The $50,000 balance was paid from a real estate loan evidenced by a promissory note and a deed of trust executed by both parties. The fair market value of the residence was $125,000, and that the balance on the house loan was $47,000. The trial court determined that W had a separate property interest in the home valued at $16,500 (the amount of the down payment) and the community interest in it was worth $50,000. At the time of trial, W's separate property interest in the residence was worth $31,014, and the community interest in it was worth $ 46,986. W contends that the home is her separate property, subject to the community's right of reimbursement. H contends that the trial court erred in failing to find that the equity in the home was entirely community property.