Pereira v. Pereira

156 Cal. 1, 103 P. 488 (1909)

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Pereira v. Pereira

California Supreme Court
156 Cal. 1, 103 P. 488 (1909)

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Facts

Mrs. Pereira (plaintiff) and Mr. Pereira (defendant) were married in 1900. At the time, Mr. Pereira operated his own business, in which he had previously invested approximately $15,500. During the marriage, Mr. Pereira continued to operate the business, leaving his premarital capital investment in the business and using it to facilitate operations. In 1905, Mrs. Pereira obtained a judgment of divorce from Mr. Pereira on the ground of extreme cruelty. Mrs. Pereira was awarded three-fifths of the community property. The trial court classified all the profits from Mr. Pereira’s business as community property. It did not allocate any portion of the profits to Mr. Pereira’s separate property, despite his separate-property capital investment in the business. Mr. Pereira appealed to the California Supreme Court, contesting the classification of all the business profits as community property.

Rule of Law

Issue

Holding and Reasoning (Shaw, J.)

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Casebooks

California Community Property

Key Terms