In re Marriage of Fithian

In In re Marriage of Fithian (1977) 74 Cal. App. 3d 397, the husband was under an order obligating him to deliver a specific item of property, as opposed to an amount of money from his own resources. ( Id. at p. 405.) The court held that the wife's claim to her community share was as an owner of the property, not a creditor. ( Id. at p. 403.)