In re Marriage of Siller

In In re Marriage of Siller (1986) 187 Cal. App. 3d 36, wife initiated dissolution of marriage proceedings and claimed a community property interest in 23 parcels of real property. ( Id. at p. 41.) A partnership, in which husband was a partner, also claimed ownership of the parcels and responded by filing a separate action to establish a resulting trust. Wife responded to the partnership's action by obtaining joinder of the partnership in the dissolution of marriage action and seeking to have that court determine the respective interests of all parties in the real property. Wife also moved for an award of attorney fees from third parties joined in the action. ( Id. at pp. 41-42.) The trial court ultimately determined that wife did not have a community property interest, but awarded attorney fees to her. (Ibid.) The third parties asserted that the trial court could not award attorney fees to wife unless she prevailed in her assertion that she had a community property interest in the real property. ( Id. at p. 47.) The appellate court construed the statute authorizing the trial court to award attorney fees in a dissolution of marriage action as permitting the court to award them against third parties, as well as the husband. ( Id. at pp. 47-49.)