Brink v. Brink

Opinion

KING, J.

In this case we hold that when the award of community property of a marital dissolution judgment is vacated in an independent proceeding in equity, the court is acting as a court of equity and is not mandated to follow the provisions of the Family Law Act in dividing the property of the parties.

The marriage of Bonnie and Billie Brink ended with a judgment of dissolution on January 20, 1977, in which the court incorporated the marital settlement agreement of the parties. The agreement provided that Billie would receive as his separate property most of the community property…