Legal Opinion

In Re Marriage of Martin

California Court of Appeal

Decided May 2, 1991No. B048717PublishedCited by 21 opinions

1Opinion of the Court

Opinion

YEGAN, J.

Dominic M. Martin, petitioner in the underlying action for dissolution of marriage, appeals claiming the evidence is insufficient to uphold the spousal support award and ex-wife is not entitled thereto. He is wrong. We hold that a spouse may not finance a “buy-out” of community property and then succesfully claim inability to pay spousal support.

We view the evidence in the light most favorable to the order here under review as is required by the familiar rule governing appellate review. (Kulko v. Superior Court (1977) 19 Cal.3d 514, 519, fn. 2 [138 Cal.Rptr. 568, 564 P.2d…

2Cases cited12 opinions

  1. Denham v. Superior CourtCalifornia Supreme Court · 1970
  2. In Re Marriage of FlahertyCalifornia Supreme Court · 1982
  3. Overton v. Vita-Food Corp.California Court of Appeal · 1949
  4. In Re CortezCalifornia Supreme Court · 1971
  5. In Re Marriage of MorrisonCalifornia Supreme Court · 1978

7 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Cheriton v. FraserCalifornia Court of Appeal · 2001
  2. Derek W. v. David W.California Court of Appeal · 1999
  3. Estate of GilkisonCalifornia Court of Appeal · 1998
  4. Robert v. GreenbergCalifornia Court of Appeal · 2011
  5. People v. AndradeCalifornia Court of Appeal · 2000

16 more not listed; retrieve them via the Exa API.

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