In Re Marriage of Verlinde

Opinion

EVANS, J.

—Sandra Verlinde (wife) appeals from portions of a judgment dividing community property, awarding child support, and denying her request for attorney fees and costs. We shall affirm.

Wife and Paul Verlinde (husband) were married on August 9, 1969, and separated on May 17, 1982. On May 27, 1982, husband filed a petition for dissolution of marriage. On December 7, 1982, Edward and Mary Garabedien, wife’s parents, were joined as claimants to an interest in some real property at issue in the proceeding.

In a bifurcated proceeding, the trial court on March 22, 1983, entered an interlocutory decree of dissolution, reserving judgment over, inter alia, division of property, child support, and attorney fees and costs. On May 31, 1983, a final judgment of dissolution was entered.

The reserved issues were tried in July 1983. At the time of trial, husband and wife were both school teachers, and wife earned approximately $150 more than husband in gross monthly income. Husband and wife had two minor children of the marriage, Tracy, age 13, and Jason, age 9. The property at issue included, inter alia, a family residence on Northridge Drive in Citrus Heights, an interest in a duplex on Burnham Drive in Citrus Heights (to which claimants Mr. and Mrs. Garabedien claimed one-half interest), antiques and collectibles, and each spouse’s respective interest in retirement benefits in the California Teachers Retirement System.

On April 12, 1984, the trial court entered a judgment on the bifurcated issues. Husband and wife were awarded joint legal custody of the children, and wife was awarded physical custody subject to husband’s visitation time. Wife was awarded $150 per month per child in child support. Wife was awarded the family residence. The court denied Mr. and Mrs. Garabedien’s claim to one-half interest in the duplex, concluding that any legal title they held in the property was held in a resulting trust for the benefit of husband and wife. Husband was awarded the duplex. Each spouse was awarded his or her respective community interest in the California Teachers Retirement

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System. The court confirmed certain personal property and antiques and collectibles as the separate property of husband or wife, and awarded certain personal property and antiques and collectibles to the children. The remainder was found to be community property. The court ordered a receiver appointed to take possession of, inventory, and sell the community antiques and collectibles. The inventory was to identify “missing” items, and the court reserved jurisdiction to give appropriate credit for items not accounted for. Husband was awarded the first $26,559.24 from the net proceeds of the sale, representing an equalization of the division of community assets and obligations. The remainder was to be divided equally between husband and wife. The court reserved jurisdiction to modify the judgment or make other orders should the net proceeds of the sale be insufficient to make the equalization payment. Conveyances of the family residence and the duplex were ordered deferred pending receipt of the net proceeds of the sale of antiques and collectibles and a determination made whether the proceeds are sufficient for equalization and whether the division of property should be modified accordingly. The court ordered each party to bear his or her respective attorney fees and costs.