Bowman v. Bowman

[775]

BRAY, J.

This appeal by defendant from portions of an interlocutory decree of divorce, after denial of a motion for new trial, raises two questions: (1) Is the property of the parties community or joint tenancy? (2) The propriety of the order of $75 per month support for each of two of the three children.

Record

After 13 years of marriage plaintiff sued defendant for divorce on the grounds of extreme cruelty, asking for custody of the three children of the parties and a division of the community property, which allegedly included the family home. Defendant cross-complained on similar grounds asking for the custody of the children and alleged the home to be in joint tenancy. The court granted plaintiff the divorce, found the home to be community property, awarded it and the household furnishings to plaintiff, granted her custody of the children, subject to defendant’s right of visitation, ordered defendant to pay plaintiff for the support of two of the children, $75 each per month, $60 per month for the support of the third child, and granted plaintiff $1 per month as alimony. Defendant was awarded a 1951 Plymouth, a life insurance policy, a trailer and money in a credit union. Defendant appeals from the portion of the decree finding the home to be community property and awarding it to plaintiff, and from the $75 allowance to the two children.

1.

Joint Tenancy or Community Property.

The deed to the property was taken in joint tenancy. This fact raises a rebuttable presumption that the property was in fact held in joint tenancy, and places on the party claiming it to be community property the burden of overcoming the presumption.

(Schindler

v.

Schindler

(1954), 126 Cal.App.2d 597 [272 P.2d 566] ;

Jones

v.

Jones

(1955), 135 Cal.App.2d 52 [286 P.2d 908].) The fact that the property was purchased with community funds, standing alone, is insufficient to rebut the presumption created by the form of the deed.