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in the CWSC 401(k) plan began sometime between 1983 and 1985,
prior to his marriage to Ms. Seidel, and continued during the
marriage. Petitioner’s CWSC 401(k) plan consisted of a separate
property interest for contributions made prior to his marriage to
Ms. Seidel and a community property interest for contributions
made during his marriage to Ms. Seidel. The parties agree that
the community property interest in petitioner’s CWSC 401(k) plan
totals $77,000.
Petitioner and Ms. Seidel each entered the marriage with
separate property interests. Ms. Seidel had her own house, which
was encumbered by a first mortgage. Petitioner had his own
house, which he had purchased. Petitioner’s house was encumbered
by a first and second mortgage. After their marriage, petitioner
moved into Ms. Seidel’s house.
During the beginning years of their marriage, petitioner and
Ms. Seidel took out a second mortgage on Ms. Seidel’s house. The
proceeds of this second mortgage were used to pay off the second
mortgage on petitioner’s house, to pay off some of Ms. Seidel’s
debts, and to purchase household assets.
Petitioner and Ms. Seidel separated on February 11, 1998.
During settlement negotiations to dissolve the marriage, Ms.
Seidel was represented by an attorney, Robert Fruitman (Mr.
Fruitman). Petitioner was represented by his attorney, Francis
L. Adams (Mr. Adams). The marriage was dissolved by the Superior
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Last modified: May 25, 2011