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Marriage of Eastis

Court of Appeal of California

42 Cal. App. 3d 459 (1975)

Relevant factsFree

After three years of marriage, Mrs. Eastis (plaintiff) filed for dissolution from Mr. Eastis (defendant); the trial court found the couple had $5,250 in community assets but $6,450 in community liabilities. The trial court awarded Mrs. Eastis $3,500 in assets while ordering her to pay $1,000 of the liabilities, and awarded Mr. Eastis $1,750 in assets while ordering him to pay $5,450 of the liabilities; Mr. Eastis appealed this uneven allocation.

IssueFree

Whether, when there are only debts left to allocate between a husband and wife, a trial court may take the parties' respective earning capacities into consideration in conducting the division of property.

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