Marriage of Dellaria
Court of Appeals of California
90 Cal. Rptr. 3d 802 (2009)
After David Dellaria (plaintiff) filed for divorce from Elizabeth Blickman (defendant), the couple allegedly reached an oral agreement dividing their property, which Elizabeth claimed had actually been carried out — with community property transferred into each spouse's respective sole ownership consistent with the alleged agreement — while David disputed that any such oral agreement had ever been reached. The trial court found the oral agreement existed and had been fully executed, and entered an order dividing the community property accordingly, resulting in an unequal division; David appealed.
Whether a fully executed oral agreement to divide community property in an unequal manner is enforceable.