Hani W Saba v. Sawsan Khoury

Summary

The court held that the Drahos/Barnett formula is an appropriate starting point for calculating the marital community’s equitable lien on a spouse’s separate property, but trial courts may adjust or depart from it to account for the community’s overall labor, funds, and the property’s market appreciation. It also held that the statutory provision governing division of community property does not govern reimbursement of community contributions to separate property and disapproved the contrary approach that awards the community all appreciation when it funded the property. The court vacated the court of appeals’ opinion and affirmed the trial court’s judgment.