Marriage of Gilbert-Valencia & McEachen

Filed 12/29/23 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

In re the Marriage of DANIEL H. GILBERT- C091292 & C094849 VALENCIA and KATE M. MCEACHEN.

DANIEL H. GILBERT-VALENCIA, (Super. Ct. No. 16FL06424)

Appellant,

v.

KATE M. MCEACHEN,

Respondent.

APPEAL from judgments of the Superior Court of Sacramento County, Kimberly E. Parker, Judge. Reversed with directions.

Law Office of Stephanie J. Finelli and Stephanie J. Finelli for Appellant.

Kate McEachen, in pro. per., for Respondent.

1

We conclude in this case that the remedies for breach of fiduciary duty by one spouse provided in Family Code section 11011 also apply to putative spouses, and that the “documented evidence” in section 4320 is a writing within the meaning of Evidence Code section 250. This consolidated appeal arises from the parties’ marital dissolution proceedings. Petitioner Daniel Gilbert-Valencia (husband) contends that the family court erred in (1) awarding 100 percent of the net proceeds from the sale of the parties’ quasi-marital property to respondent Kate McEachen (wife); (2) excluding evidence of domestic violence perpetrated by wife; and (3) retroactively modifying the tax deductibility of spousal support payments made by husband. We agree with husband’s first two contentions and accordingly remand the matter, directing the family court to reconsider the division of quasi-marital property and spousal support, including the tax deductibility of spousal support payments made by husband. FACTUAL AND PROCEDURAL BACKGROUND The parties had a wedding and obtained a marriage certificate in 2008. Unbeknownst to wife, husband was still married to his previous spouse, and he did not finalize the divorce until April 2011. In July 2011, the parties had another ceremony in which they officially married. At the time, husband explained that he wanted the second ceremony so he could change his last name.

In 2009, husband bought a house under his own name as an unmarried man with a Veterans Affairs home loan. Wife agreed to this arrangement because husband, as a transgender man who served in the Air Force, was afraid that his marriage with wife, once made known to the Air Force through the loan, could lead to his discharge.