Marriage of Shepard CA6

Filed 6/24/14 Marriage of Shepard CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

In re the Marriage of WENDY and H039034 STEPHEN SHEPARD. (Santa Clara County Super. Ct. No. 6-09-FL002923)

WENDY SHEPARD,

Respondent,

v.

STEPHEN SHEPARD,

Appellant.

Stephen Shepard (hereafter “husband”) appeals from a final judgment dissolving his marriage to Wendy Shepard (hereafter “wife”). On appeal, husband contends that the trial court erred in ordering him to pay wife $84,420 as an equalizing payment in the division of the community property. As set forth below, husband has failed to provide an adequate record, and we therefore must affirm.

BACKGROUND1 On June 26, 2012, the trial court held a trial to determine “the characterization, valuation, and division of the financial institution accounts” and the “equalization of the vehicles.” At the trial, wife introduced 14 documents into evidence, including bank account statements, retirement account statements, annuity account statements, a life insurance policy summary, joint tax returns, and Blue Book valuations for the vehicles owned by husband and wife. Wife testified regarding the sources from which the various accounts were funded. During her testimony, she stated the balances of some, but not all, of the accounts. She also testified regarding the values of all the vehicles. Husband did not introduce any documents into evidence. At the close of the evidence, the court took the matter under submission. The court stated that it would be “reviewing the evidence and the testimony.” On September 18, 2012, the court entered a judgment of dissolution of the marriage. The property order attached to the judgment awarded the following community property to wife: a Meriwest Credit Union account, a Bank of America account, a New York Life annuity, a Charles Schwab IRA in wife’s name, and a 2004 Ford Explorer. The property order awarded the following community property to husband: a Wells Fargo account, a New York Life insurance policy, a New York Life annuity, a Charles Schwab IRA in husband’s name, a BMW motorcycle, and a 2002 Toyota. The values of the financial accounts and vehicles were not included in the property order. The property order required husband to pay wife the sum of $84,420 in order to “equalize the division of the community property.”