Cole v. Cole

VALLÉE, J.

Appeal by defendant from a judgment for plaintiff in a suit to quiet title to an undivided half interest in a parcel of realty. Defendant also appeals from the order denying her motion for a new trial. That order is nonappealable and the appeal therefrom must be dismissed.

Defendant Louise Cole and Cornelius Cole were married in 1935. Prior to their marriage and during their engagement they bought the property in question. Defendant furnished all of the purchase price, which she paid in installments of $15 a month. It was purchased as a place for her parents to live. Title was taken in the name of Cornelius. On October 26, 1945, by a conveyance, title was vested in defendant and Cornelius as joint tenants.

Later defendant and Cornelius were divorced. While the divorce action was pending they entered into a property settle

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ment agreement. The agreement was drawn by the attorney for Cornelius. It contained these provisions:

“3. That there is certain real property located at 344 West Colorado Street, Monrovia, California, and described as follows to-wit:

[Description]

which said property is owned an undivided one-half interest thereof by the wife, and an undivided one-half interest thereof by the husband; that if either owns less than an undivided one-half interest in said real property then the one owning more than an undivided one-half interest therein hereby grants unto the other such percentage of said real property so that from and after the date hereof each party hereto will own an undivided one-half interest in and to the said real property.

“That said husband is now occupying said real property and shall be under no obligation to pay to the wife any rental for the use thereof; that said husband, at his own sole expense, keep said property in a state of good repair, fully insured, keeping all taxes, liens and assessments thereon fully paid, provided, however, the foregoing use of the real property, without expense to the husband other than the repair, upkeep, the payment of taxes, liens and assessments, shall cease if said husband rents or sublets the said premises or any portion thereof, sells, encumbers or otherwise transfers said real property.”