In Re Marriage of Cooper

Opinion

COMPTON, J.

This appeal arises out of the intervention by a mentally retarded adult in the dissolution proceedings of his parents. Intervener was 22 years old at the time of trial in August 1983, but had a mental age of only 22 months, and suifered from epilepsy and spasms as well. He resided, then as now, in the family home, in the custody of his mother, who devotes herself full-time to his care. Through his guardian ad litem he sought to enjoin the disposition of the family residence, which was the primary com

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munity asset, and which had been appraised at $189,000. In August 1983, the outstanding encumbrance on the house was approximately $10,000 and the monthly payments on the promissory note and for taxes and insurance were $432.

Because neither parent was employed at the time of trial, intervener sought the use of the house as a form of child support, to which he claimed entitlement pursuant to Civil Code section 206.

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The trial court denied intervener’s request, and ordered instead that the house be sold and the proceeds divided between husband and wife. Intervener appealed the trial court’s decision and petitioned this court for a writ of supersedeas to stay the sale of the house pending his appeal. We granted the stay, but after due consideration of the merits we now affirm the trial court’s judgment.

Intervener contends that he is a child within the meaning of Civil Code section 241, subdivision (d)

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and is entitled to parental support under Civil Code section 206. He argues that because of his status as a needy child, and because his parents are not gainfully employed and therefore are unable to provide him with financial support, they may be required to defer disposition of the family residence so as to provide him with support in the form of the home. He points to

In re Marriage of Boseman

(1973) 31 Cal.App.3d 372 [107 Cal.Rptr. 232], and