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Marriage of Lucero

Court of Appeals of California
173 Cal. Rptr. 680 (1981)


Mrs. Lucero (plaintiff) was married to Mr. Lucero (defendant). Over the course of their marriage, Mr. Lucero accrued 30 years and one month of employment-service credit. However, Mr. Lucero had withdrawn all of the funds that he had contributed to his retirement during the course of the marriage. Unless and until Mr. Lucero chose to redeposit the $9,373 in retirement funds, Mr. Lucero was only entitled to receive $474 per month. Mr. and Mrs. Lucero separated in 1976. Following their separation, Mr. Lucero redeposited the $9,373 using his separate property and began to receive monthly retirement benefits of $840 per month. Mrs. Lucero claimed as community property the entire $840 per month. The trial court held that a community-property interest only existed in the $474 per month original benefit payment and calculated Mrs. Lucero's payment based upon that figure. Mrs. Lucero appealed.

Rule of Law


Holding and Reasoning (Tamura, J.)

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