Marriage of Devlin
Court of Appeal of California
189 Cal. Rptr. 1 (1982)
Mrs. Devlin (plaintiff) and Mr. Devlin (defendant) were married in 1975. During their marriage, Mr. Devlin was injured in an accident and received a personal-injury award of $175,000. At the time of the parties’ separation and divorce, all of the proceeds of the award had been spent, and the entire community- property estate, including real property and a mobile home equipped for Mr. Devlin's needs as a paraplegic, had been purchased with the award proceeds. The trial court, finding that the community property was traceable to the award proceeds, found that all of the current estate was therefore the individual property of Mr. Devlin. Mrs. Devlin appealed the trial court's ruling.
Rule of Law
Holding and Reasoning (Evans, J.)
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