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Louknitsky v. Louknitsky

Court of Appeals of California
266 P.2d 910 (1954)


Olga Louknitsky (plaintiff) divorced her husband Vladimir Louknitsky (defendant) on the ground of extreme cruelty. The parties resided in China for a portion of their marriage. No evidence was provided to the trial court as to how, if at all, the laws of China differed from the laws of California regarding community property, and the trial court applied California law to determine the character of property acquired over the course of the marriage. Olga moved to California approximately 10 months before Vladimir. A home was purchased and was titled in Olga’s name only. While Vladimir remained in China, he sent money directly to Olga from China. After arriving in California, Vladimir continued to make the monthly mortgage payments on the property. In an interlocutory order, the trial court granted a divorce to Olga and found that all of the property was community property, including the California home titled in Olga's name only. Olga appealed the trial court's holding as to the community-property finding.

Rule of Law


Holding and Reasoning (Wood, J.)

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