Legal Opinion
In Re Marriage of Witt
California Court of Appeal
Decided December 18, 1987No. F008074PublishedCited by 9 opinions
1Opinion of the Court
Opinion
THE COURT. *
This appeal from a judgment of dissolution of marriage concerns the interpretation and application of Civil Code section 4800.2. We hold that when a spouse has given separate property to the marital community, section 4800.2 preserves to the contributing spouse the equity value of his or her separate property contribution unless that retained interest is waived in writing, even in the absence of evidence the spouse intended to retain the right to such reimbursement. We affirm the judgment.
Facts
All of the relevant facts in the present case were established by an undated…
2Cases cited4 opinions
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- In Re Marriage of FabianCalifornia Supreme Court · 1986
- In Re Marriage of McNeillCalifornia Court of Appeal · 1984
- In Re Marriage of BenartCalifornia Court of Appeal · 1984
3Cited by9 opinions
- Walrath v. WalrathCalifornia Court of Appeal · 1998
- Dumas v. Mantle (In re Mantle)Court of Appeals for the Ninth Circuit · 1998
- Geraci v. GeraciCalifornia Court of Appeal · 2006
- California Coastal Commission v. Office of Administrative LawCalifornia Court of Appeal · 1989
- Huynh v. Superior CourtCalifornia Court of Appeal · 1996
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