Marriage Of Tammen

63 Cal. App.3d 927 (1976)

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Nature of the Case

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Facts

The court awarded W approximated 79 percent of all the community property. To equalize the division, W was to execute and deliver a promissory note for $19,820.80 bearing simple interest at 7 percent, secured by a second trust deed on the family residence which had been awarded to her. The note's principal, and all interest to accrue thereon, were to be payable 'upon the expiration of ten years from the date thereof, upon the wife's remarriage, the sale of said real property, voluntarily refinancing by her, upon her ceasing to use or occupy the same as a family residence, or upon her death, whichever event shall first occur.' H appealed; the arrangement is inequitable and unfair, and the value of the promissory note is far less than that of the offsetting $19,820.80 of community property taken by W.