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Marriage of Tammen

Court of Appeal of California
63 Cal. App. 3d 927 (1976)


Facts

Richard (defendant) and Elizabeth (plaintiff) Tammen filed for dissolution of marriage. In the judgment dividing the community property, the trial court awarded Elizabeth approximately 79 percent of the community property. In order to ensure that the division of community property was even between Richard and Elizabeth, the trial court ordered Elizabeth to execute a promissory note to Richard for $19,820.80. The promissory note was to be secured by a trust deed on the family residence. The family residence was awarded to Elizabeth in the dissolution proceeding. The promissory note and interest on the promissory note would become payable after 10 years passed, Elizabeth remarried, the family residence was sold, the family residence was refinanced, Elizabeth stopped living in the family residence, or when Elizabeth died, whichever happened first. The promissory note was also subject to a lien for $18,497.12. Richard appealed the trial court’s order.

Rule of Law

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Issue

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Holding and Reasoning (Elknigton, 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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