Ramsey v. Holmes
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Where it is undisputed that there is a community property interest in real property, it is the obligation of both spouses to ensure that the family court has the information necessary to determine that interest, no matter which spouse brought the dissolution action. If the spouses fail to do so, the family court must direct them to furnish the missing information, reopening the case if necessary.
Appellant challenges the family court's determination of the community property interest in the family home. Because the determination of the community property interest in the property at issue in this case was based upon incomplete information, the Court of Appeal reversed the judgment and remanded with directions to the family court to hold a limited retrial to determine the amount of community funds used to reduce the mortgage principal and to recalculate the community property interest.
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