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California Community Property Keyed to Carrillo, 11th Ed.
Marriage of Lucas
Citation:
614 P.2d 285 (1980)Facts
Brenda and Gerald Lucas married in March 1964 and separated in December 1976. Brenda was beneficiary of a trust worth approximately $44,000, which she established as her separate property. In November 1968, the couple purchased a house for $23,300, with Brenda contributing $6,351.57 from her trust for the down payment and the parties assuming a loan of $16,948.43 for the balance. Title was taken as joint tenants. Brenda also paid $2,962 from her trust for improvements. Community funds paid the mortgage, interest, and taxes. At trial, the residence had a fair market value of approximately $56,250 with a loan balance of $14,600, leaving net equity of $41,650. Brenda testified she intended to acquire the house for herself but never discussed this with Gerald. The parties took joint tenancy title primarily for tax benefits related to Gerald’s veteran status and to ensure the children would benefit if Brenda died. Neither party intended to make a gift to the other, but there was no evidence of an agreement that Brenda would retain a separate property interest.
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