Berle v. Berle
Idaho Supreme Court
546 P.2d 407 (1976)
- Written by Tammy Boggs, JD
Facts
In 1938, Charles Berle (defendant) and Winifred Berle (plaintiff) married in New Jersey, a common-law state with respect to marital property. The Berles resided in New Jersey until 1971 and during their marriage acquired securities and bank accounts. Under New Jersey law, the property was characterized as Charles’s separate property. In 1971, Charles left Winifred and moved to Idaho, a community-property state. Charles obtained a default judgment of dissolution. Winifred sued Charles in Idaho seeking a division and distribution of the securities and bank accounts. The trial court granted Charles’s motion for judgment on the pleadings. The court reasoned that the contested property was separate property under New Jersey law and that under Idaho law, separate property was not subject to division in divorce proceedings. Winifred appealed, challenging the application of the Idaho law that prohibited division of separate property.
Rule of Law
Issue
Holding and Reasoning (McQuade, C.J.)
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