Walsh v. Walsh

NOURSE, P. J.

Plaintiff sued to impose a trust upon an undivided one-half interest in real property acquired by the parties in part while living together as husband and wife. The defendant filed a cross-complaint seeking to quiet her title to the same property. The judgment declared that the full title was in defendant and foreclosed the plaintiff from asserting any adverse interest.

Plaintiff’s appeal from the judgment raises the question of the sufficiency of the evidence to support the judgment, and attacks the legal conclusions supporting the defendant’s claim of exclusive right and title. While living together as husband and wife the parties agreed to purchase a parcel of unimproved real property, each to pay therefor out of their separate funds. The defendant made the down payment of $120 on a total purchase price of $1200. Then the parties separated. Thereafter the defendant arranged to complete the purchase—paid $530 of her own funds, took title in her own name, and gave a note and deed of trust for the balance. At this time the plaintiff gave to defendant a quitclaim deed to complete her title. The parties then became reconciled and prepared to improve the property for their family abode. Plaintiff paid to defendant a portion of the agreed purchase price

[803]

and advanced additional sums from time to time, and also contributed labor in the erection of a house and garage, and in the improvement of the premises. The parties again separated and this action was commenced on the theory that defendant held an undivided one-half interest in the property in trust for appellant.

The trial court found that the defendant took full title in her own name and as her separate property, that, while the parties were separated, the defendant commenced the construction of a dwelling house upon the property, which was “practically” completed at the time of the reconciliation; that thereafter the plaintiff gave to defendant $827 to apply upon the cost of the property and improvements, but at no time demanded a deed, or made any claim of a separate interest or paid his share of the cost of the premises. From these facts the trial court concluded that defendant held title as her separate property, and that all payments of money and all contributions of labor made by plaintiff were gifts to the defendant.