Perdicalis v. Perdicalis

WARD, J.

Defendant and cross-complainant in a divorce action in which each party alleged cruelty appeals from a “particular part of the judgment . . . awarding and allotting to the plaintiff and cross defendant the real property standing in the joint names of the parties and consisting of a certain lot of land . . . together with the improvements thereon. ’ ’

[275]

The only question involved on appeal is whether the court erred in setting aside the entire real property to plaintiff and cross-defendant as community property when the property was obtained by the husband and wife “in joint tenancy. ’ ’

The appellant husband contends that “The cases all hold that a community estate and a joint tenancy estate cannot exist at the same time in the same property” and that when the parties take as joint tenants each takes a one half interest therein. In support of this contention appellant cites

Taylor

v.

Talbert,

134 Cal.App. 595 [25 P.2d 888];

Siberell

v.

Siberell,

214 Cal. 767 [7 P.2d 1003] ;

Delanoy

v.

Delanoy,

216 Cal. 23 [13 P.2d 513] ;

In re Kessler,

217 Cal. 32 [17 P.2d 117] ;

Chamberlain

v.

Chamberlain,

2 Cal.App.2d 684 [38 P.2d 790];

Fox

v.

Fox,