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California Community Property Keyed to Carrillo, 11th Ed.
Henn v. Henn
Citation:
605 P.2d 10 (1980)Facts
Helen and Henry Henn were married in 1945 and divorced after 25 years of marriage. The Superior Court for the City and County of San Francisco granted an interlocutory decree on February 22, 1971, and issued a final judgment on May 19, 1971. The decree incorporated a property settlement awarding specific items of marital community property as separate property to each party and awarded Helen $500 monthly support payments. Neither the pleadings nor the judgment mentioned Henry’s fully matured federal military retirement pension, which he was receiving at the time of the interlocutory decree. The pension had been partially earned during the marriage, and Helen knew of its existence during the dissolution proceedings. Henry conceded that the court made no determination regarding the pension. In 1973, Helen moved to have the pension divided as community property, but her motion was denied in 1974. In 1976, Helen filed a separate complaint seeking determination of her community property interest in the pension, a full accounting of pension payments, and division of the community property portion.
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