Marriage Of Schultz

164 Cal. Rptr. 653 (1980)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

In 1976, W sought dissolution of her 13-year marriage to H. H and W were average wage-earners with a relatively modest income and accumulated debts of over $20,000. The only asset owned by the parties of any consequence was the family residence, which had greatly increased in value during the marriage with the result that, at the time of dissolution, the parties had a substantial equity in the home. The family home was listed for sale and sold. The net proceeds from the home were $43,842.92. Debts payable of $ 20,831.70 were listed, leaving a residue of $23,011.22. Part of the debt was $4,250 owed to one Conrad Blasco. Blasco obtained a default judgment of $5,000 because the notice was not sent to H’s new address. H did not appear. The court involved § 2602 and assigned $3,500 of this debt to H and $1,500 to W. H appealed the unequal division of assets and assignment of debts.