Stromberg v. Stromberg

GRIFFIN, P. J.

Plaintiff, cross-defendant and respondent Merel W. Stromberg brought this action against his wife Tina Stromberg, defendant, cross-complainant and appellant, for separate maintenance (subsequently deleted) and also for divorce on the ground of extreme cruelty. The wife answered, denied the charges and filed a cross-complaint seeking a divorce on the grounds of adultery and extreme cruelty and asking for alimony and child support. Plaintiff answered and denied the allegations. Both parties sought a division of the community property. After trial, an interlocutory judgment of divorce was granted to the wife. She appealed from the judgment and complains of the award of community property but not from the portion awarding her the divorce and custody of the children. The claim is

[308]

that, since she obtained the divorce on the ground of extreme' cruelty, she was entitled to be awarded more than one-half of the community property and that this was not done. (Citing Civ. Code, § 146;

Tipton

v.

Tipton,

209 Cal. 443 [288 P. 65];

Henie

v.

Henie,

171 Cal.App.2d 572 [340 P.2d 1024]; Quagelli

v. Quagelli,

99 Cal.App. 172 [277 P. 1089].)

The decree awarded to the wife: (1) the home at 9322 Eosebay Street, Anaheim,, subject to encumbrances thereon; (2)furniture therein; (3) Ford station wagon; (4) portion of real estate in Los Alamitos

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and (5) lease of Big Ben Sash and Door Company.

Plaintiff husband was awarded as community property: (1) a fabricating business; (2) portions of real estate in the town of Los Alamitos on which is located the business of California Batching Equipment Company; (3) all machinery, etc., used therein; and (4) a Ford camper automobile.