Marriage of Lumsdaine
A judgment of dissolution of Charles J. and Linda E. Lumsdaines 29 year marriage was entered in December 1994. The judgment divided the community property interests and incorporated a marital settlement agreement. The judgment required that their residence located in Encinitas be listed for sale on June 1, 1995, and that Charles continue to pay mortgage payments, insurance premiums, and taxes on that property through May 31, 1995. Charles was to be reimbursed for those amounts he paid for the residence out of the sale proceeds. The residence was never listed, and Linda has been its sole occupant, rent-free, since 1994.
Charles subsequently married Rhonda Lowell, and they had a son. In November 2004, Charles passed away. In February 2005, Charless estate[2] filed an order to show cause (OSC) seeking an order that would facilitate the listing and sale of the residence. Linda responded by filing an OSC requesting that the court order Charless estate to pay her the amounts awarded to her in the judgment that remained unpaid, with interest, and to pay such amounts before the residence could be listed for sale. Following a hearing, the trial court issued a thorough and detailed order resolving the issues raised in the OSCs. Each party prevailed on some issues, and lost on others. Linda alone appealed from the trial courts order. Court affirm.
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