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California Community Property Keyed to Carrillo, 11th Ed.
Marriage of Varner
Citation:
63 Cal. Rptr. 2d 894 (1997)Facts
Kim and Stephen Varner began living together when Kim was 15 and Stephen was 24 (Stephen had been previously married). They married in 1977 when Kim was 17, and had five children together. They separated in September 1989. At the July 1993 dissolution hearing, Kim appeared unrepresented after her attorney withdrew; the court denied her request for continuance. Stephen, an accountant and business owner, testified that his various business interests (Varner Construction Inc., Pipeline Specialties Inc., and real properties) had minimal or zero value. The court recommended Kim accept the stipulated judgment “if the figures given are correct.” Kim received the family residence (valued at $490,000 net) and $6,000 monthly family support. Stephen received 21 items including all business assets. Within six months, Kim’s new attorney obtained evidence showing Stephen’s testimony grossly understated values: properties Stephen valued at $200,000-$300,000 were appraised at over $1,000,000; Varner Construction Inc., which Stephen testified was worth zero, was appraised at $2,000,000-$2,750,000. Kim had an IQ of 75, no work experience, and psychological evaluation showed submissiveness and dependency. Her prior accountant declared she had been unable to obtain documentation from Stephen and relied on his representations, which differed from his trial testimony.
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