In Re Marriage of Pashley

California Court of Appeal Aug 2, 1974 No. Civ. 42828Published

Before: Fleming

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Holding. The court held that the April 1972 document was not a completed gift of the family residence and furnishings, but rather a revocable power of attorney that was effectively terminated before the property was sold.

Issues

Whether the April 1972 document constituted a present, completed gift of the family residence and furnishings to the wife.
Whether the husband had the legal authority to revoke the power of attorney granted to the wife.

Disposition. reversed

Quotations verified verbatim against the opinion

“A gift to be made in the future is no gift at all, for a gift requires the present and complete divestment of the subject property.”

“The only present operative effect of the power of attorney was to permit Sara to effectuate a sale of the house without further action by Jack.”

[1081]

Opinion

FLEMING, Acting P. J.

Dissolution of the marriage of Jack and Sara Pashley. Jack appeals that portion of the interlocutory judgment which determines that the family residence, furniture, and furnishings are the separate property of Sara.

Facts

The Pashleys married in 1946 and two years later purchased a home at 15844 Valley Vista Blvd. in Encino. On 22 April 1972 Jack moved out, no longer able to tolerate Sara’s harassing arguments, accusations, and threats of violence. Jack intended to establish a new life with a new job in a new location. Jack sent Sara a letter explaining his plans and stating he no longer wanted the house. Jack included a notarized document he prepared a few days before his departure:

“With this Letter of Authority, I, Jack Pashley, invest in my wife Sara Pashley, sometimes known as Sara G. Pashley, currently resident at 15844 Valley Vista Blvd., Encino, Calif., Power of Attorney. The specific intent of this act is to confer upon Sara Pashley total and complete ownership of all properties hereinafter listed, and to receive all benefits and dividends from, or to sell or otherwise dispose of as she alone shall decide. This grants my prior approval and binding agreement to any and all transactions without benefit of my signature.

Item Approximate Value

Single family residence located ($60,000)

at 15844 Valley Vista Blvd., Encino, Calif.

(Balance after sale) $15,000

Savings Accounts (2) held at Home Savings & Loan, both located Ventura Blvd. at Encino Branch and Studio City Branch respectively $ 6,500

2nd Trust Deed held on property located at 18001

Boris Dr., Encino, Calif. $ 2,300

50 Shares Stock—City Investing Mortgage Group $ 1,200

300 Shares Stock—Consolidated Resources Industries $ 1,000

Proceeds from Bell System Savings Plan $ 2,554

In Re Marriage of Pashley

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