Marriage Of Dellaria

90 Cal. Rptr. 3d 802 (2009)

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Nature of the Case

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Facts

H and W were married on August 27, 1989. They have three children. H filed a petition for dissolution of marriage on September 22, 2000. The court found that the parties actually separated on December 31, 2001. One issue at trial was whether or not the parties entered into an enforceable oral agreement dividing their major community assets. H contends that the parties entered into this agreement, fully performed this agreement, and are bound by this agreement. W testified that she and H had started discussing the property division in late 2002, and they reached an oral agreement dividing their major community assets in March 2003. She testified about the significant financial effects of the agreement, as evidenced by the documentary evidence. The family home in San Rafael, California, which was held by H, was transferred solely to W. The real property transferred to W was refinanced, and $217,562 in cash was given to H. In addition, two Wachovia brokerage accounts that were in H's name alone were transferred to W. A second piece of real property in Novato, California, which was held in both parties' names, was transferred to H. A third piece of real estate in Homewood, California, and Moving Images, Inc., the community business, were already in H's name and were retained by him alone. W testified that under the oral agreement, each party was to retain his or her retirement plans. H was to keep two vehicle, and she was to keep one. H denied any discussions. The issue for the court was “whether the parties entered into a fully executed oral agreement dividing their property” and “are the property transfers that occurred between 2003 and 2005 enforceable property transmutations?” The court found that the parties “… fully executed their oral agreement … and have disposed of the issues of the valuation and disposition of their real estate, the Wachovia accounts, and [H]'s business by a fully executed oral agreement … .” H appealed.