Marriage of Lucas Case Brief Summary | Law Case Explained
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Marriage of Lucas | 614 P.2d 285 (1980)
For many divorcing couples, the biggest asset a court must divide is the family home. But if a spouse used her separate property to fund purchasing the home, should that spouse receive a larger interest? In Marriage of Lucas, the trial court provides a greater recovery to the wife based on such a theory. The husband protests.
Gerald and Brenda Lucas married in 1964. Brenda was the beneficiary of a trust. The Lucases bought a house in 1968 for twenty-three thousand three hundred dollars, taking title as joint tenants. Brenda took just over sixty-three hundred dollars from her trust for the down payment. The couple assumed a loan for the remaining amount, roughly seventeen thousand dollars. Brenda also used just under three thousand dollars from her separate trust to fund repairs.
The Lucases separated in 1976. At the time of their divorce in 1978, the home’s value had increased, and community funds had reduced the mortgage, leaving an approximate net equity of forty-one thousand six hundred dollars.
The trial court granted a divorce. As part of the judgment, the court apportioned the spouses’ interests in the home. The court treated Brenda’s purchase funds as a separate-property contribution and mortgage payments as community contributions. This meant roughly 75 percent of the home’s value went to Brenda, and 25 percent was allocated to community property. Gerald appealed to the California Supreme Court.
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