Metcalf v. Metcalf

FORD, J.

The defendant and cross-complainant, Letha L. Metcalf, has appealed from that portion of an interlocutory judgment of divorce which embodies the determination by the court of the community and separate property rights of the parties. The sole contention is that the findings of fact do not support that portion of the judgment wherein it was adjudged that property of a value of $1,600,000 was the sole and separate property of the plaintiff and cross-defendant, Jess E. Metcalf.

The pertinent findings of fact were as follows (emphasis being added with respect to parts thereof) : . . at the time of their marriage on April 15, 1949, Jess E. Metcalf and Letha L. Metcalf each owned and possessed substantial property which was then the separate property of each of them respectively;

substantially all of the property so owned and possessed by Letha L. Metcalf was delivered over by her to Jess E. Metcalf and by him commingled with his separate property and with community property of the said parties and it has

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been impossible to trace the property so commingled into specific property now owned or held; . .

. and Jess E. Metcalf and Letha Metcalf orally agreed after their marriage that the separate property aforementioned of Letha L. Metcalf would be pooled with

certain

separate property of Jess E. Metcalf and that the

pooled properties thereafter would be owned and held by them as community property; . .

. The aggregate net value of all the property of Jess E. Metcalf and Letha L. Met-calf at this time is $3,500,000 and the same is composed of both separate and community property; the home of the parties ..., together with the furniture and furnishings thereof, is community property having the value of $250,000.00; the balance of the community property, exclusive of the home and furniture and furnishings thereof, is of the present net value of $1,650,000.00; the property held or controlled by the conservator of the estate of Letha L. Metcalf is her separate property; and the separate property of Jess E. Metcalf is of the net value of $1,650,000.00.” Under the interlocutory judgment each party was awarded an equal share of the property found to be community property, Mrs. Metcalf receiving as part of her share the home and its furniture and furnishings.