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Marriage of Beltran

Court of Appeal of California
227 Cal. Rptr. 924 (1986)


Facts

Mrs. Beltran (plaintiff) and Mr. Beltran (defendant) had been married during Mr. Beltran's service as a colonel in the Army. Mrs. Beltran filed for divorce, and the trial court found that the portion of Mr. Beltran's retirement pension and leave that was community property was valued at $117,000 and $5,115, respectively. During the divorce action, Mr. Beltran was convicted of a felony crime, and the military court took away all of Mr. Beltran’s pension and other benefits and dismissed him from the Army. The trial court in the divorce action assigned the value of the military benefits to Mr. Beltran and modified the property-distribution order so that Mrs. Beltran received additional property valued at one-half the total valuation. Mr. Beltran appealed the trial court's ruling.

Rule of Law

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Issue

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Holding and Reasoning (Newsom, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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