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IN RE MARRIAGE OF LANGE

No. B155060.

125 Cal.Rptr.2d 379 (2002)

102 Cal.App.4th 360

In re MARRIAGE OF Heino and Sandra LANGE. Heino Lange, Respondent, v. Sandra Lange, Appellant.

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

September 23, 2002.

Attorney(s) appearing for the Case

Schwartz & Mason, David P. Schwartz; Lascher & Lascher and Wendy C. Lascher, Ventura, for Appellant.

Orrock, Higson & Kurta and R. Dennis Orrock for Respondent.

GILBERT, P.J.

Husband and wife own a family residence in joint tenancy. Wife has husband execute a promissory note secured by a deed of trust for her separate property contributions to acquire and improve the residence. The note and deed of trust do not constitute her written waiver of reimbursement under Family Code section 2640, subdivision (b).1 But they are unenforceable pursuant to section 721, which creates a fiduciary relationship...

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