In re Marriage of Winn

In In re Marriage of Winn (1979) 98 Cal.App.3d 363, husband was ordered to give to wife a promissory note for $ 7,500, representing one-half the value of his business, found to be community property. In addressing his objection that the trial court lacked the power to require him to purchase his wife's interest in the community, this court noted that the finding of the community nature of the property was valid. We stated at page 365: "Finding that the business and its good will was community property, the trial court acted properly. It was entitled to determine that the value of the business in 1975, when bankruptcy occurred, was zero and that any present value was solely due to the husband's efforts in re-establishing it after the bankruptcy." In that case, the bankruptcy proceedings established that at a precise time during the marriage the business was valueless. Under those circumstances, the Court was unwilling to disturb a trial court's finding of the community nature of the increased value, particularly when that finding was not challenged on appeal.