Marriage of Reyes
This appeal concerns the division of assets after marital dissolution. The trial court found that it had no jurisdiction over any of the marital property in dispute because the domicile of the marriage was the state of New York, and only respondent Buenaventura Reyes (husband) moved to California while appellant Bernadette Reyes (wife) continued to reside in New York. Pursuant to In re Marriage of Roesch (1978) 83 Cal.App.3d 96 (Roesch), for the court to have jurisdiction to treat separate property in a common law state such as New York as quasi-community property in California (see Fam. Code, 125), not only must the dissolution action take place in California, but both parties must also be domiciled in California at the time of dissolution, which was not the case here.
Court agree with the trial courts application of Roesch and the finding that it lacked jurisdiction over the division of property. Also unavailing is wifes complaint about the courts order that she contribute $4,000 toward husbands attorney fees and costs.
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