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In re Marriage of G.C. and R.W.

California Court of Appeal, Fourth District

232 Cal. Rptr. 3d 484 (2018)

Relevant factsFree

G.C. (plaintiff) and R.W. (defendant) entered a same-sex domestic partnership under New Jersey law in 2004, then married in Connecticut in 2009. In 2011 they bought a home together in California, both listed as joint tenants on the deed and both on the original mortgage, though only G.C. remained on the mortgage after a later refinance. G.C. filed for divorce in California the next year. The trial court set the marriage date as 2009 (the Connecticut marriage) rather than 2004 (the New Jersey partnership), reasoning New Jersey's domestic partnership wasn't substantially equivalent to California's, and divided the home in proportion to each party's separate-property contributions, including appreciation. R.W. appealed both rulings.

IssueFree

Whether determining the marriage date and dividing marital property for a same-sex couple may vary depending on the laws of the states where the couple formed a domestic partnership, married, and divorced.

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