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IN RE MARRIAGE OF DOHERTY

Civil No. B156044.

126 Cal.Rptr.2d 919 (2002)

103 Cal.App.4th 895

In re MARRIAGE OF Dennis G. and Judith J. DOHERTY. Dennis G. Doherty, Respondent, v. Judith J. Doherty, Appellant.

Court of Appeals of California, Second District, Division Six.

November 18, 2002.

Attorney(s) appearing for the Case

Van Sickle & Rowley, Thousand Oaks, Judith D. Rhodes and Paula D. Emmons for Appellant.

Judith L. Wong, Westlake Village, for Respondent.

GILBERT, P.J.

During wife and husband's marriage, wife's employer pays a portion of the couple's mortgage directly to the lender. Here we conclude there is no community interest in this mortgage subsidy after wife and husband separate.

Judith J. Doherty appeals an order of the family law court that characterizes an employment-related mortgage subsidy as community property, subject to division. We dismiss the appeal but issue a peremptory writ of mandate, directing...

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