Court of Appeal of California
272 P.2d 566 (1954)
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
Holding and Reasoning (Mosk, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 218,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.