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Vieux v. Vieux

Court of Appeal of California
251 P. 640 (1926)


Facts

Prior to marrying, Mr. Vieux (plaintiff) and Mrs. Coralyn Vieux (defendant) together decided to purchase Lot 24. Mr. Vieux purchased Lot 24 prior to the marriage with a down payment of $280.00. After marrying, Mr. and Mrs. Vieux paid an additional $553.68 on Lot 24. During the course of the marriage, Mr. and Mrs. Vieux had a total acquisition of community property of $713.60. While the parties were married, Mr. Vieux received $2,200 for an oil lease on Lot 24, which he used to pay off the balance due on the property. After paying off the debt on the property and while still married to Mrs. Vieux, Mr. Vieux transferred the property to his parents by gift for the purpose of precluding a claim against the property. He then filed for divorce against Mrs. Vieux, and, as part of the order of divorce, the trial court found that Lot 24 was the separate property of Mr. Vieux and that Mrs. Vieux was entitled only to one-half the $713.60 of community-property funds. Mrs. Vieux appealed the trial court's decision.

Rule of Law

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Issue

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Holding and Reasoning (Houser, 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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