SURVEY OF CASE HIGHLIGHTS

In re Martin (1991) 229 C.A. 3d 1196
Husband's buyout strategy fails:

• LONG TERM MARRIAGE (11 YEARS)
  
• HUSBAND FINANCED BUYOUT OF WIFES COMMUNITY PROPERTY
• HUSBAND CLAIMED HE COULD NOT AFFORD/SHOULD NOT BE ORDERED TO PAY SPOUSAL SUPPORT ON GROUNDS OF
  
• BUYOUT LOAN COSTS
• WIFE HAD ACCESS TO BUYOUT MONIES AS HER SEPARATE PROPERTY

Here, husband may not finance a "buy-out" of community property and then successfully claim inability to pay spousal support. By reason of well- settled principles, wife is entitled to one-half of the community property (see e.g., Civ. Code, § 4800, subd. (a)) or an equalizing payment therefor. Upon dissolution, the $209,500 received from husband became her separate property. While wife "... was not obligated to invest her separate assets in a certain manner ..." (In re Marriage of Kennedy (1987) 193 Cal.App.3d 1633, 1640 [239 Cal.Rptr. 151]; see also In re Marriage of Kuppinger (1975) 48 Cal.App.3d 628, 635 [120 Cal.Rptr. 654]), the trial court correctly factored this separate property estate into the spousal support equation. (See Civ. Code, § 4801, subd. (a)(5), In re Marriage of Kennedy, supra, 193 Cal.App.3d at pp. 1640-1641.)

____________________________________________________________________