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Marriage of Dellaria

Court of Appeals of California

90 Cal. Rptr. 3d 802 (2009)

Relevant factsFree

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.

IssueFree

Whether a fully executed oral agreement to divide community property in an unequal manner is enforceable.

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