California Court of Appeal
76 Cal.App.2d 119 (1946)
Francis Wilson (defendant) and Barbara Wilson (plaintiff) were married in 1931. The Wilsons purchased a home in San Francisco in 1938. In 1940, Mrs. Wilson filed for divorce. At trial, one of the contested issues was whether the home in San Francisco was community property. The home was purchased during the Wilsons’ marriage. Title to the home was in Mr. Wilson’s name. Mr. Wilson testified that he paid for the home with separate-property funds. There was conflicting testimony regarding the living expenses of the Wilsons. However, there was evidence that the expenses were small enough that the remainder of Mr. Wilson’s community income could have assisted in paying for the home. There was also evidence Mrs. Wilson was an artist and sold some of her artwork. The income that Mrs. Wilson generated from those sales was considered community income by the couple and may have also contributed to the purchase of the home. The trial court designated the home as community property and awarded Mrs. Wilson a one-half interest in the home. Mrs. Wilson was also awarded an exclusive right to the use and occupancy of the home. Mr. Wilson filed an interlocutory appeal of the trial court’s decision.
Rule of Law
Holding and Reasoning (Peters, J.)
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