Jenkins v. Jenkins

SHINN, P. J.

Plaintiff wife prevailed in her action for separate maintenance, in which defendant cross-complained for divorce. Defendant appeals.

Among the facts found were the following: The parties had lived together as husband and wife for more than 29 years and have a son, 15 years of age; defendant has been guilty of cruelty as charged; he owns property worth more

[664]

than $100,000; that all the property in question is defendant’s separate property with the following exceptions: a refrigerator and deep freeze owned as community property; 28 head of cattle of which an undivided 9/14 interest is defendant’s separate property and 5/14 community property; a house and lot described as 206 East Camino Collegio, city of Santa Maria, county of Santa Barbara, and certain furniture and furnishings therein found to be owned by the parties in equal shares as joint tenants.

By the judgment title to the property was declared in accordance with the findings; plaintiff was awarded custody of the son, with certain privileges granted defendant, and $75 per month for support of herself until her death or remarriage ; all the cattle were ordered to be sold, 9/14 of the net proceeds to be paid to defendant as his separate property, and 5/14 to be divided equally between the parties. The judgment also provided: “It Is Further Ordered, Adjudged and Decreed that Defendant and Cross-Complainant pay to Plaintiff and Cross-Defendant the sum of One Hundred Dollars ($100.00) per month as and for the support and maintenance of said minor child, commencing forthwith, and continuing each month hereafter during the minority of said minor child. It Is Further Ordered, Adjudged and Decreed that, in addition to said payments, and for so long as the home of the parties hereto, hereinafter referred to, is used by Plaintiff and Cross-Defendant for the maintenance of a home for said minor child, Defendant and Cross-Complainant furnish and permit Plaintiff and Cross-Defendant, and said minor child, the exclusive use of said home, and the exclusive use of the household furniture and furnishings therein. It Is Further Ordered, Adjudged and Decreed that during said period of time, to-wit, for so long as said home is used by plaintiff and- Cross-Defendant for the maintenance of a home for said minor child, Plaintiff and Cross-Defendant have and receive any rentals from any of the rooms in said home, and Defendant and Cross-Complainant is ordered to permit Plaintiff and Cross-Defendant the exclusive use of said rentals during said period of time. It Is Further Ordered, Adjudged and Decreed that during said period of time Defendant and Cross-Complainant shall not occupy said home, or any part thereof, and said Defendant and Cross-Complainant is ordered to vacate said home forthwith. It Is Further Ordered, Adjudged and Decreed that, during said period of time, each of the parties hereto be and each is hereby, enjoined and re