Stauffer v. Stauffer

ASHBURN, J. pro tem.

*

Appeal by defendant from interlocutory judgment of divorce. The only question presented is the sufficiency of the evidence to sustain the court’s finding that the residence of the parties, located in Burbank, California, is community property. Having so found the court awarded it to the wife. The title stands of record in the names of both spouses as joint tenants.

The testimony of defendant, if accepted, would have justified a finding that the property was in fact owned in joint tenancy. But that of plaintiff, which the court obviously did accept, afforded ample basis for the finding of community status. Of course this court’s power, in such circum

[517]

stances, begins and ends with a determination of whether there is any substantial evidence to support the finding.

(Estate of Raphael,

91 Cal.App.2d 931, 936 [206 P.2d 391];

Guardianship of Kentera,

41 Cal.2d 639, 645 [262 P.2d 317].) To that end we accept as proved that evidence and those inferences which are favorable to respondent’s ease.

(Marino

v.

Valenti,

118 Cal.App.2d 830, 840 [259 P.2d 84];

Guardianship of Kentera, supra,

41 Cal.2d 639, 645.)

The deed designating the two spouses as joint tenants raises a disputable presumption that they intended title to be so vested

(Gudelj

v.

Gudelj,

41 Cal.2d 202, 212 [259 P.2d 656] ;

Veronin

v.

Veronin,