What is the test for overturning a finding that a husband's wife's marriage was invalid because the husband's assets were valued at less than the marriage price?

California, United States of America


The following excerpt is from In re the Marriage of Carol & William Duncan, 108 Cal.Rptr.2d 833, 90 Cal.App.4th 617 (Cal. App. 2001):

Where, as here, the trial court is vested with discretionary powers, we review its ruling for an abuse of discretion. (In re Marriage of Reuling (1994) 23 Cal.App.4th 1428, 1435.) As long as the court exercised its discretion along legal lines, its decision will be affirmed on appeal if there is substantial evidence to support it. (In re Marriage of Smith (1990) 225 Cal.App.3d 469, 480.) Further, because the reasons for change in value of an asset are ordinarily factual, our role is limited to determining whether there is sufficient evidence to conclude the trial court's decision was within the permissible range of options set by the legal criteria. (Dorman v. DWLC Corp. (1995) 35 Cal.App.4th 1808, 1815.)5

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