Marriage of Buol
California Supreme Court
705 P.2d 354 (1985)
- Written by Darius Dehghan, JD
Facts
Esther Buol (defendant) and Robert Buol (plaintiff) were a married couple. During the marriage, Esther purchased a house. Although title to the house was taken in joint tenancy, Robert orally asserted that the house belonged solely to Esther. Robert and Esther later filed for divorce, and the case was set for trial. Under California law at the time of the trial, property acquired during marriage in joint tenancy was deemed separate property if the spouses orally agreed that the property was separate property. The trial court found that Robert and Esther orally agreed that the house was Esther’s separate property. Thus, Esther was awarded the house as her separate property. Robert appealed. While the appeal was pending, California Civil Code § 4800.1 was enacted. Pursuant to § 4800.1, property acquired during marriage in joint tenancy was deemed separate property only if the spouses made a written agreement stating that the property was separate property. Robert and Esther had not made a written agreement stating that the house was Esther’s separate property. The California Supreme Court agreed to hear the case in order to determine whether § 4800.1 applied retroactively.
Rule of Law
Issue
Holding and Reasoning (Reynoso, J.)
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