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California Community Property Keyed to Carrillo, 11th Ed.
Marriage of Frick
Citation:
226 Cal. Rptr. 766 (1986)Facts
Jerome Frick owned and operated the Mikado Hotel and Restaurant on real property he purchased before his marriage to Hiroko in November 1971. The parties separated in January 1982 after approximately ten years of marriage. During the marriage, Jerome used community property funds to make mortgage payments on the separate property real estate, which increased in value from one million one hundred fifty thousand dollars at marriage to one million eight hundred fifty thousand dollars at trial. Jerome also operated the hotel and restaurant business, which increased in value from one hundred thirty-one thousand dollars to two hundred ninety thousand dollars. The parties disputed whether Jerome had orally transmuted his separate property to community property and how to calculate the community’s interest in the appreciated separate property. Hiroko also loaned Jerome ten thousand dollars before marriage, which he claimed was repaid but she never cashed the repayment checks.
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