Marriage of Deluca
Annotate this CaseIn the dissolution of marriage between Rosalinda and George Deluca, both parties appealed a judgment determining the division of property and other matters, including spousal support. During the marriage, George's sister transferred to him title to an apartment complex, "the Florida Street property." Rosalinda contended the trial court erred in ruling the Florida Street property was George's separate property rather than community property. George had custody of the parties' two children and contended the court erred by awarding Rosalinda spousal support in an amount greater than his total net income available to support the children. Specifically, he argued the court erred by including the amount of monthly loan principal payments he was required to make on his income-producing properties as income available for spousal support. The Court of Appeal reversed the portion of the judgment awarding the Florida Street property to George as his separate property and remanded with directions to characterize that property as community property and determine the amount of reimbursement to which George was entitled for his separate property contributions to the acquisition of the property under Family Code section 2640. The Court also reversed the spousal support award and directed the trial court to reconsider spousal support after determining the extent to which George's loan principal payments reasonably and legitimately reduced his income for purposes of support. The judgment was affirmed in all other respects.
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