Marriage of Valle
California Court of Appeal
126 Cal. Rptr. 38 (1975)
- Written by Tammy Boggs, JD
Facts
In 1964, Manuel Valle (defendant) and Lucinda Valle (plaintiff) married. In November 1972, the Valles separated, and Lucinda petitioned for dissolution. Uncontested evidence showed that, at the time of the Valles’ separation, the community assets consisted of a family home, household furniture, a piece of real property in Mexico, and a 1967 Pontiac automobile. The community also had various hospital, medical, and furniture bills. Manuel testified that he was briefly ill in 1973, and during that time, he gave the automobile to his brother to pay back a loan. Manuel further testified that the Mexican property had been lost due to failure to make monthly payments on it. No documentary or other evidence supported Manuel’s testimony. The trial court included the automobile and Mexican property as community assets and awarded them to Manuel. Lucinda was awarded the family home and furniture and ordered to pay various debts. Manuel appealed, challenging the inclusion of assets that he claimed had been lost.
Rule of Law
Issue
Holding and Reasoning (Kane, J.)
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