Marriage of Heikes
California Supreme Court
899 P.2d 1349 (1995)
Norman Heikes (plaintiff) conveyed two property parcels to himself and Rose Heikes (defendant) as joint tenants in 1976; in 1984, California enacted § 4800.2, requiring reimbursement upon divorce for a spouse's separate-property contribution to community-property acquisitions absent a written waiver, and in 1986 enacted § 4800.1, applying § 4800.2 retroactively to any divorce filed after January 1, 1984, regardless of when the underlying contribution occurred, again absent a written waiver. Divorce proceedings between Norman and Rose began in 1990, with a 1992 judgment finding both properties community property; days after that judgment, In re Marriage of Hilke held the community-property presumption for property acquired during marriage was retroactively applicable, prompting Norman to move for a new trial. Rose petitioned the California Supreme Court for review.
Whether a statute that provides for reimbursement of a spouse's contributions of separate property to the acquisition of community property, which occurred prior to the statute's enactment, is an unconstitutional deprivation of due process.