APPEAL COURT AFFIRMS PROPERTY JUDGMENT IN DIVORCE ACTION!
APPEAL COURT AFFIRMS PROPERTY JUDGMENT IN DIVORCE ACTION!
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APPEAL COURT AFFIRMS PROPERTY JUDGMENT IN DIVORCE ACTION!

| May 7, 2020 | Firm News

The California Court of Court of Appeal affirmed the family court’s division of marital property and rejected father’s four claims of error.

Father makes four appellate complaints about the family court’s division of marital property. First, from the value of the home awarded to Mother, the court subtracted $171,099, which was the balance outstanding on a home equity credit line.

Father objects, saying his two witnesses testified the lender wrote off the loan, leaving a balance of zero, not $171,099.

Second, the court sanctioned Father for failing to make proper disclosures about a different house. Father claims error because the court made no finding Mother was unaware of this other house.

Third, Father argues the court misinterpreted a 2008 court order to sell a third property. The error, Father argues, was to read the order as requiring him to act swiftly.

Fourth, Father complains about treatment of a Jeep, tools, an all-terrain vehicle, and his watch. We affirm

The court deferred to the family court’s credibility call in rejecting two of father’s witnesses as unreliable, and held that substantial evidence supported the family court’s conclusion that a $171,099 obligation remained on the Hacienda Heights home, which sum it subtracted from the home’s value. The court upheld the family court’s sanction against father for his omission of another property in his preliminary and final declarations of disclosure.

The court held that the family court did not abuse its discretion in interpreting a 2008 order directing father to sell a third property. Finally, the court held that substantial evidence supported the family court’s judgment regarding father’s Jeep, tools, all-terrain vehicle, and watch.

See In re the Marriage of Gutierrez.

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