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Marriage of Epstein

Court of Appeals of California
154 Cal. Rptr. 413 (1979)


Facts

During the course of the divorce hearing, the trial court ordered that Mrs. Epstein (plaintiff) and Mr. Epstein’s (defendant) family residence be sold. As part of the division of other community-property assets, Mr. Epstein received more valuable personal property than Mrs. Epstein. The trial court ordered that the proceeds from the sale of the house be paid out so that the total community-property division between the parties was equal. The trial court did not mention the tax liability from the sale of the house or the allocation of that liability. Mrs. Epstein appealed the decision of the trial court.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Tobriner, 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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