Legal Opinion
In Re Marriage of Stenquist
California Court of Appeal
Decided July 26, 1983No. Civ. 28033PublishedCited by 5 opinions
1Opinion of the Court
Opinion
STANIFORTH, J.
The California Supreme Court in In re Marriage of Stenquist (1978) 21 Cal.3d 779 [148 Cal.Rptr. 9, 582 P.2d 96], determined that to permit a spouse, by unilateral election to receive a military disability pension instead of a retirement pension, would allow the spouse to transmute community property into separate property and thereby negate the protective philosophy of the community property law of California. Thus the Supreme Court approved an award to the wife of that portion of the husband’s disability pay which represented one-half of her community interest in what…
2Cases cited18 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- United States v. BassSupreme Court of the United States · 1971
- McCarty v. McCartySupreme Court of the United States · 1981
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3Cited by5 opinions
- In Re Marriage of CostoCalifornia Court of Appeal · 1984
- In Re Marriage of MastropaoloCalifornia Court of Appeal · 1985
- In Re Marriage of CullenCalifornia Court of Appeal · 1983
- In Re Marriage of StephensCalifornia Court of Appeal · 1986
- In Re Marriage of StierCalifornia Court of Appeal · 1986