Linville v. Linville

DRAPEAU, J.

Plaintiff husband sought a divorce from defendant. Defendant answered and filed a cross-complaint for divorce. Both alleged cruelty on the part of the other.

The trial court found that plaintiff treated defendant in a cruel and inhuman manner without cause; that the ranch home of the family in Baldwin Park was purchased with funds which were originally the separate property of plaintiff, but that it had been transmuted into community property by an executed oral agreement of the parties; that plaintiff is able to pay $100 per month for the support of each of the three minor children and $100 per month for the support of defendant; and that defendant is a fit and proper person to have custody and care of said children.

In accordance with such findings, the court awarded to defendant:

(1) a divorce on her cross-complaint;

(2) the custody of the minor children;

(3) the Baldwin Park residence as her separate property; and ordered plaintiff to pay $400 per month for support of the children and defendant wife.

Plaintiff appeals from those portions of the interlocutory judgment of divorce which (1) decrees that the Baldwin Park property is community property and awards it to defendant; and (2) orders him to pay $400 per month for support and alimony.

It is first urged that the evidence fails to establish an oral agreement transmuting appellant’s separate funds into community property. In other words, that the finding respecting such agreement is not supported by the record.

[802]

“In disposing of such a contention, this court’s power begins and ends with a determination as to whether there is any substantial evidence to support the findings.”

(Estate of Raphael,

91 Cal.App.2d 931, 936 [206 P.2d 391].)

Respondent testified that the Baldwin Park ranch was acquired in April of 1944, and that in discussing the venture she asked appellant: “Is this going to be our house and our home? Is it going to be our property, or is it going to be the way it has always been, where everything is supposed to be yours?” And appellant answered: “It will be ours.”