Wasserstrom v. Wasserstrom

FOURT, J.

Plaintiff brought an action for divorce against the defendant wherein she alleged, among other things, that the defendant had been guilty of extreme cruelty, and that certain particularly described property was the community property of the parties. She requested a divorce, support and maintenance, reasonable attorney’s fees and costs, restoration of her former name and all of the described community property. The defendant answered the complaint and filed a cross-complaint wherein he set forth that the parties were possessed of various items of community property consisting of both real and personal property, without describing the same, and further set forth that the plaintiff and cross-defendant had been guilty of extreme cruelty toward him, and requested that the court adjudicate and determine the community and separate property interests in the several items of property in question, and that it make a just disposition of the community property, and that he be awarded a decree of divorce.

The cause came on for hearing, each party being represented by counsel. The court made findings of fact wherein it found, among other things, that the plaintiff was a resident of the county and state for more than a year prior to the filing of the complaint; that she was married to the defendant in Los Angeles County on July 3, 1948, and separated October 8, 1952, and that there were no children; further, that the defendant had no funds with which to pay her attorney’s fees or alimony; that the plaintiff had not been guilty of extreme cruelty toward the defendant; that the defendant had constantly humiliated the plaintiff by demanding a divorce; that he had belittled her; that during the major portion of the marriage he had refused to get a job and contribute to the support and maintenance of the wife, and that he had caused many arguments. The court also found that certain real property referred to as the Winona property was the separate property of the wife; that the community property consisted of a 1950 model automobile, $800 in a bank account at the Union Bank and Trust Company of Los Angeles, a 1940 model automobile, a $1,000 build

[800]

ing and loan certificate, a leather goods business and a $500 bank account in the husband’s name. From the facts as found, the court concluded that the wife was entitled to an interlocutory judgment of divorce; that when the judgment was final she should have her maiden name restored to her; that the Winona property was her separate property; that the plaintiff should have awarded to her, as her separate property from the community property, the 1950 model automobile and the $800 bank account. The defendant was awarded the 1940 automobile, the $1,000 building and loan certificate, the leather goods business and the $500 bank account. The plaintiff was denied alimony and was to pay her own attorney’s fees; defendant to take nothing by the cross-complaint, except the community property above awarded to him. She was to recover her costs. Judgment was made and entered accordingly.