Myers v. Myers

I respectfully disagree with the majority’s decision to affirm the judgment rescinding a community property partition agreement. The opinion recites “we cannot count items left out of the settlement in determining whether it was lesionary.” Apparently, the majority’s affirmance rests on the mistaken *213premise that an appellate court’s community “value review” is limited to the four corners of the “actual” partition document. My appreciation of the jurisprudence and applicable codal provisions would not place such restriction on our authority to determine the validity of a community partition…