Legal Opinion

In Re the Marriage of Garcia

California Court of Appeal

Decided October 18, 1990No. C002967PublishedCited by 8 opinions

1Opinion of the Court

Opinion

SCOTLAND, J.

This case involves two issues which frequently arise in family law matters: (1) an order that one spouse pay a community debt in lieu of spousal support; and (2) the obligation of a spouse to compensate the community for the exclusive use of a community asset following separation.

After appellant (hereinafter wife) filed for dissolution of her 33-year marriage, pendente lite orders (Civ. Code, § 4357) granted her temporary use of the family residence and directed respondent (hereinafter husband) to make the mortgage payments “[i]n lieu of spousal support.” In the ensuing…

2Cases cited10 opinions

  1. In Re Marriage of EpsteinCalifornia Supreme Court · 1979
  2. In Re Marriage of SmithCalifornia Court of Appeal · 1978
  3. In Re Marriage of WattsCalifornia Court of Appeal · 1985
  4. In Re Marriage of Van SickleCalifornia Court of Appeal · 1977
  5. In Re HendricksCalifornia Court of Appeal · 1970

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3Cited by8 opinions

  1. Falcone v. FykeCalifornia Court of Appeal · 2012
  2. Guigne v. GuigneCalifornia Court of Appeal · 2002
  3. In Re Marriage of BenjaminsCalifornia Court of Appeal · 1994
  4. In Re Marriage of WinterCalifornia Court of Appeal · 1992
  5. Steele v. Wyly (In re Wyly)United States Bankruptcy Court, N.D. Texas · 2015

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