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Marriage of Stallworth

Court of Appeal of California
192 Cal. App. 3d 742 (1987)


William (plaintiff) and Carol (defendant) Stallworth were married. The Stallworths had one child: Robert Stallworth. In February 1984, William filed a petition for dissolution of marriage. The case went to trial in April 1985. The Stallworths owned a family home that was considered community property. At trial, evidence was presented that Robert was being treated by a psychiatrist, enrolled in special education, and attending special reading classes. Carol testified she could not find a home in the same district at a similar price to what Carol was paying for the Stallworth home. There was no evidence regarding the cost of comparable housing. Further, there was no evidence that moving from the Stallworth home would adversely affect Robert. Nevertheless, the trial court held that Carol and Robert, would be allowed to live in the home until (1) Robert turned 18, got married, or was emancipated or (2) Carol remarried, moved, or began living with another man. When one of these events occurred, Carol was to sell the Stallworth home, and the division of property would be conducted. Carol was ordered to pay the mortgage, taxes, cost to maintain the property, and homeowners’ association fees while living in the Stallworth home. William appealed the trial court’s order regarding the Stallworth family home.

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