In re Marriage of Nancy E. and Sullivan S. Marsden. Nancy E. Marsden

[130 CalApp3d Page 431] In this opinion we will consider the issues raised in two appeals (1 Civ. No. 47922 and 1 Civ. No. 51438) which were consolidated by this court for the purposes of oral argument and decision by an order dated May 22, 1981. Both appeals involve the same proceeding commenced by respondent (wife) to dissolve her marriage to appellant (husband) in the Superior Court of Santa Clara County on July 17, 1978. At trial the issue of the dissolution of marriage was bifurcated from the remaining issues presented in the proceeding. An interlocutory judgment of dissolution of the marriage was entered on February 27, 1979. An interlocutory judgment pertaining to the disposition of the community property was entered on April 5, 1979. This latter interlocutory judgment provides in part: The value, disposition and [130 CalApp3d Page 432] division of husband's pensions/annuities with CREP (#P-38492) and TIAA (#A -115014) was [ sic ] previously bifurcated by stipulation of counsel. In the event the parties are unable to agree, the court specifically retains jurisdiction to determine the value, disposition, and division of these two pensions/annuities.