Marriage Of Devlin

138 Cal.App.3d 804 (1982)

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Nature of the Case

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Facts

H and W were married in July 1975, and separated in May 1977. The couple remained together until May 1981, and W later filed the instant action to dissolve the marriage. Prior to separation, H was severely injured in an automobile accident, rendering him a paraplegic. H received $175,000 after the parties reconciled from the first separation. The evidence at trial showed that all of the personal injury damages had been spent and that all of the property of the community at the time of separation was purchased with the personal injury proceeds. The trial court accepted the tracing to H's personal injury proceeds and awarded the bulk of the property to H. W appealed.