In Re the Marriage of Broderick

Summary

Wife quitclaimed the family home to husband in 1977. The parties reconciled and later paid the mortgage with community funds from 1980 to 1985. The court held the deed made the home husband's separate property and the deed was not undone by reconciliation, duress, or inadequate consideration. Husband was barred from raising Stoner on appeal because he conceded the Moore formula at trial. The trial court erred by counting community payments made before the deed, so the judgment was reversed in part and remanded to recompute the community interest, and otherwise affirmed.

What it means for the financial analysis

For tracing schedules, community loan principal payments must be split at the quitclaim date, with only post-deed payments counted toward the Moore/Frick community share. The opinion reaffirms the formula (purchase price denominator, separate and community principal reduction, apportioned appreciation) but does not decide how Stoner gift arguments would apply, since they were not raised at trial.

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