In re Marriage of G.C. and R.W.

23 Cal. App. 5th 1, 232 Cal. Rptr. 3d 484 (2018)

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In re Marriage of G.C. and R.W.

California Court of Appeal, Fourth District
23 Cal. App. 5th 1, 232 Cal. Rptr. 3d 484 (2018)

  • Written by Rose VanHofwegen, JD

Facts

G.C. (plaintiff) and R.W. (defendant) entered a same-sex domestic partnership under New Jersey law in 2004. They married in Connecticut in 2009. In 2011, they bought a home together in California and moved there. Both parties’ names appeared on the deed as joint tenants and on the mortgage used to purchase the home, but only G.C. appeared on the mortgage when the couple refinanced. G.C. filed for divorce in California the following year. The trial court set the couple’s date of marriage as 2009 when the couple married in Connecticut, instead of 2004, when they formed a New Jersey domestic partnership, because New Jersey domestic partnerships were not substantially equivalent to California’s. The trial court also divided the marital home in proportion to each person’s respective contributions of separate property to it, including the appreciation. R.W. appealed those two findings, along with others not addressed here.

Rule of Law

Issue

Holding and Reasoning (Aaron, J.)

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