Bridges v. Bridges

VAN DYKE, P. J.

Responsive to the pleadings the trial court made the following findings of fact: In February of 1946, plaintiff-respondent and defendant-appellant began living together as husband and wife and continued in that state until August of 1950. Respondent obtained a final decree of divorce from her former husband on February 16, 1948. Appellant had often promised her that he would marry her immediately after her divorce became final. She relied upon these promises and continued her relationship with appellant during all of the said period from the 16th of February, 1946, to August, 1950. A son was born to them December 13, 1948. During the entire period the parties worked together with the common purpose and design of accumulating property, money and other assets and they agreed verbally that they would do so and would pool their joint assets, work, labor and services. By virtue of their common efforts they acquired real property in Chico and in Redding and certain personal

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property. The value of the Chico real property was about $8,000 and the value of the Bedding real property was about $7,500. When they began living together appellant had little financial means and the parties agreed that he would continue to work as a salesman, and that she would contribute her earnings and services for their mutual benefit. Appellant had never shared and had refused to share the earnings and accumulations which the two had acquired, although respondent had repeatedly asked for such division. Appellant had refused to support the child born to the couple, and had threatened, if she should attempt to secure any part of their property, to dispose of the same and leave the state to escape the jurisdiction of the state’s courts. Bespondent was a fitting and proper person to have the sole care and custody of the minor son of the parties. Defendant was able-bodied and gainfully employed and able to pay for the support of said child the sum of $50 per month. From February 16, 1946, to August, 1950, respondent had performed services for defendant, including all the duties of a housewife and that the reasonable value of such services exceeded or equaled the value of the Chico real property.

Judgment was entered whereby the court divided the property between the parties, assigning to respondent the Chico real property, with the furniture and equipment located in the residence, and to appellant the Bedding real property and certain personal property. Bespondent was given the custody of the minor son of the parties and appellant was ordered to pay to her for his support $50 per month. From that judgment this appeal is taken.