Wilson v. Wilson
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.)
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 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.