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Schindler v. Schindler

Court of Appeal of California
272 P.2d 566 (1954)


Facts

Mr. Schindler (defendant) and Mrs. Schindler (plaintiff) were married when they moved to California in 1949 and purchased a marital residence in Sherman Oaks, California. The residence was titled to Mr. and Mrs. Schindler as joint tenants. Mrs. Schindler filed for divorce from Mr. Schindler, and as part of that divorce action, requested that the trial court make a division and determination of the character of some real property. Mrs. Schindler testified that she thought the residence belonged to her and her husband as community property but that there was no discussion between her and her husband as to how they wanted to receive title to the residence. In addition, the funds for the purchase of the property came from Mr. Schindler's community-property earnings. The trial court ruled that the residence was held as community property, based on the intention of Mr. and Mrs. Schindler. Mr. Schindler appealed the trial court's ruling on the ground that he and Mrs. Schindler had always intended to own the residence as joint tenants.

Rule of Law

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Issue

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Holding and Reasoning (Mosk, 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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