Wynn v. Wynn

SHEPARD, J.

This is an action for divorce. Judgment was rendered for plaintiff for divorce providing for the custody and support of the minor child, defining disputed property rights, and allocating community property. Defendant appeals but confines and limits, by his brief, his objections to that portion of the decree which adjudges three parcels of real property to be held in joint tenancy by the parties, and to that portion of the decree declaring certain cattle to be community property.

The parties were married December 17, 1949, and separated November 9, 1956. At the time of marriage defendant was the owner of four parcels of real property; a herd of cattle num

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bering 32 head, plus certain farm machinery and implements; and other minor items of personal property. Plaintiff was the owner of one parcel of real property and certain items of personal property not in dispute. Defendant owed at the time of marriage about $12,700, mostly secured by the real property. At the time of the divorce he owed $26,639.76, $16,542 of which was secured by real property and $10,097.76 partially secured by chattel mortgages.

In 1953, defendant caused Parcels 1, 2 and 3 of the realty described in his complaint to be transferred into the names of plaintiff and defendant, as owners in joint tenancy. In the same year plaintiff caused the parcel of realty owned by her to be transferred into the names of plaintiff and defendant, as owners in joint tenancy. Apparently, all transfers were made after discussions between the parties, and both parties were advised by an official of the bank with whom they were dealing as to the results of joint tenancy ownership. The fourth parcel owned by defendant had been purchased shortly before marriage with a small down payment; it was found by the court in its decree to be community property; and no objection or point is made of that in this appeal.

Defendant contends that he did not, at the time of the transfers into joint tenancy ownership, understand that such transfer divested him of the separate character of his ownership in that property; that the transfers were made solely for convenience in the financing; and that he intended and believed that it would remain as separate property.