Marriage of Scarlatelli CA2/1
This appeal arises out of a marital dissolution proceeding initiated in 2009 by Mischelynn Scarlatelli (Mischelynn) against Mark Scarlatelli (Mark). The appeal focuses on two properties in which Mark asserts a community property interest (the 339 Saddlehorn property and the 328 Saddlehorn property), both of which are owned by the Troy and Shirley Isom Trust (the Trust). In 2014, upon Mark’s motion, the trial court ordered the Trust joined as a third party claimant. At the 2015 trial, over Mark’s opposition, the court, by a judicial officer other than the one who granted the joinder motion, severed the third party civil matter without prejudice to each side raising its position in the civil department. Trial proceeded on all remaining issues, and as part of its judgment on reserved issues, the court found that the two properties were not part of the community estate and thus not subject to division in that proceeding.
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