Marriage of Freeman

Summary

Hub bought a rental property in 1992 and paid it off in 2013. The trial court found a 60.2 percent community interest from principal paydown and improvements, valued the property at $2.1 million using Rod's appraiser as of February 2022, and imputed $5,400 a month to Rod before setting $2,100 a month in permanent support. The court held that Hub confused two numbers: the community percentage is fixed at separation, while value is set as near to trial as practicable under section 2552. It also held the support award was within the trial court's discretion, and affirmed.

What it means for the financial analysis

Build the Moore/Marsden schedule in two steps. Cut off principal paydown at the separation date to get the percentage, then apply that percentage to a trial-date appraisal. An expert who argues for a separation-date value gets nowhere unless counsel gave section 2552(b) notice for an earlier date. On support, imputed income did not cap the award at half the stipulated marital standard of living. Age, health, and a spouse's role in the unemployment were enough to justify support on top of $5,400 imputed, so those facts belong in the income analysis.

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