Marriage of Dellaria
Court of Appeals of California
90 Cal. Rptr. 3d 802 (2009)
- Written by Maggy Gregory, JD
Facts
David Dellaria (plaintiff) and Elizabeth Blickman (defendant) were married with children. After David filed for divorce, David and Elizabeth discussed dividing their property. Elizabeth alleged that she and David had reached an oral agreement as to how to divide their property. David disputed that an oral agreement had ever been reached. The evidence at trial showed that David and Elizabeth had carried out their oral agreement by transferring some of the community property into David’s sole ownership and other property into Elizabeth’s sole ownership. The trial court found that the oral agreement existed and that Elizabeth and David had fully executed their oral agreement. The trial court then entered an order disposing of the community property in accordance with the terms of the oral agreement. The trial court’s order resulted in a division of community property that was not equal. David appealed the trial court’s decision.
Rule of Law
Issue
Holding and Reasoning (Ruvolo, J.)
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