Davis v. Davis

BROWN (R.M.), J.

Appellant appeals from an interlocutory decree of divorce, limiting her appeal to a portion of the judgment relating to property which the trial court found to be in joint tenancy.

Appellant originally sold some stock which was her separate property. With the proceeds of the sale appellant and respondent bought a family home (title being taken in joint tenancy), and later sold a portion of the realty for which the unpaid balance of the sales price was represented by a note and deed of trust in the names of the husband and wife as

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joint tenants. Respondent at the time of the marriage owned real property in the State of Nevada which he subsequently sold for $6,300, and was receiving payments on a note from the sale of other land in California. Appellant subsequently sued for divorce, alleging that this real estate and deed of trust describing appellant and respondent as joint tenants were in fact the separate property of the appellant.

An issue as to the character of the properties was joined in that the respondent in his answer alleged that the real property and the note and deed of trust were taken by the respective parties as joint tenants, that there was no other agreement, and denied that the property was the sole and separate property of the appellant.

After a trial the court found that the properties were held in joint tenancy, that the parties were equal owners thereof; and in its conclusion and judgment held that the real property and the note and deed of trust were held by the parties as joint tenants and that each was entitled to one-half interest therein.

The appellant appealed therefrom on the ground that the evidence was insufficient to support the findings that the real property and note and deed of trust were actually the joint tenancy property of the parties and that they are equal owners. However, at oral argument the appellant withdrew and waived her claim of insufficiency of the evidence.

The sole remaining point is that the court was without jurisdiction to make an award of joint tenancy property even if the property was true joint tenancy, and her particular objection to the trial court’s judgment, “... each to hold an undivided one-half interest therein.”