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Addison v. Addison

Supreme Court of California
399 P.2d 897 (1965)


Facts

Leona Addison (plaintiff) married Morton Addison (defendant) in 1939 in Illinois. In 1949, Morton and Leona moved to California, bringing assets valued at approximately $143,000, which were titled solely in Morton's name, but had been acquired during the parties' marriage. In 1961, Leona filed for divorce based upon Morton's adultery and division of community-property assets. Leona claimed that California's quasi-community-property law, California Civil Code § 164, applied. Under that law, because the property that was brought to California from Illinois would have been community property had it been acquired in California, Leona claimed the property and all gains from that property should be declared community property. The trial court declared the quasi-community-property law unconstitutional. Leona appealed the trial court's decision.

Rule of Law

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Issue

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Holding and Reasoning (Peters, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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