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Marriage of Calhoun

Marriage of Calhoun
02:15:2007

Marriage of Calhoun


 


Marriage of Calhoun


Filed 1/10/07  Marriage of Calhoun CA5


 


 


 


 


 


 


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS


 


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


FIFTH APPELLATE DISTRICT









In re the Marriage of TOMMY DALE and LEAH JEAN CALHOUN.


TOMMY DALE CALHOUN,


Respondent,


                                              v.


LEAH JEAN CALHOUN,


Appellant.


F049109


(Super. Ct. No. S-1501-FL-584013)


OPINION


                      APPEAL from a judgment of the Superior Court of Kern County.  Frank A. Hoover, Judge.


                      Law Office of Tasha M. Bollinger and Tasha M. Bollinger for Appellant.


                      Kilpatrick & White and Michael R. Kilpatrick for Respondent.


-ooOoo-



                      Appellant Leah Jean Calhoun contends the trial court abused its discretion in failing to allocate and award to the community a fair rental value for the family home pursuant to In re Marriage of Watts (1985) 171 Cal.App.3d 366.  We disagree and will affirm.


FACTUAL AND PROCEDURAL SUMMARY


                      Leah and Tommy Dale Calhoun[1]  were married on July 17, 1981, and separated on July 1, 2001.  They had two minor children and two adult children at the time of separation.  After the parties separated, Leah moved with the minor children to Texas.  Tommy remained in the family home after separation.  At the time of trial, Tommy had not seen the minor children in over a year. 


                      A judgment of dissolution of marriage, status only, was entered on July 13, 2004.  The matter proceeded to trial on the reserved issues on October 20 and 21, 2004, and was submitted for decision on February 1, 2005.  Five issues were contested.  They were:


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Description Appellant contends the trial court abused its discretion in failing to allocate and award to the community a fair rental value for the family home pursuant to In re Marriage of Watts (1985) 171 Cal.App.3d 366. Court disagree and affirm.
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