Snyder v. Snyder

[446]

MOORE, P. J.

An action for divorce was filed by Mrs. Snyder on January 4, 1952, to which respondent filed his answer. A reconciliation was effected in the summer. On October 14, 1952, respondent filed his action for divorce which was duly consolidated with that of appellant. Two sets of findings and conclusions were made and two judgments of divorce were awarded

appellant.

Dissatisfied with the court’s finding that the equity in the home place is “joint tenancy property,” the wife has appealed from the “interlocutory judgments of divorce” which are as follows: (No. 20749) that plaintiff Ruth is entitled to a divorce; that she is awarded the furniture and furnishings in the home and the interest of the parties in the nursery school, but that the home on Collins Avenue is joint tenancy property and not community property ; (No. 20956) that judgment be entered by defendant Ruth against Max and that Max recover nothing by reason of his complaint.

The finding in each action with reference to the home is that the “residence at 12252 Collins Avenue, North Hollywood, California, is found to be joint tenancy property and not community property.”

Inasmuch as appellant attacks no feature of the judgments other than the finding with respect to the joint tenancy, this discussion will be confined to that issue. Appellant contends that the court ignored the circumstances of the parties from which it could have found that the home was community property despite the.fact that its title stood in joint tenancy.

Respondent counters with the arguments (1) that property acquired in joint tenancy “with separate funds of the parties is presumed to be joint tenancy, unless there is evidence to the contrary; (2) that a verdict will not be disturbed if there is any evidence to support it. ’ ’

The parties separated January 2, 1952, but in the following June a reconciliation was effected and they purchased a home on Collins Avenue. To make the down payment, respondent paid out of his separate funds $2,674.03 and borrowed $2,000 from a Texas bank. Appellant added $1,400 she had remaining out of the $3,000 she withdrew from their joint account when they separated in January. To these sums they added $1,000 which they borrowed on their joint account and the total was applied to the cash payment on the home. Notwithstanding that the husband invested over $2,600 of his separate money in the home, and $2,000 for which he had become personally responsible, and that Mrs. Snyder paid only