Schuster v. Schuster

WARNE, J. pro tem.

*

Plaintiff and defendant were married on the 21st day of August, 1948. At the time of the marriage, the plaintiff had $6,000 in cash which she had inherited from her former husband’s estate and other small amounts in various savings institutions. The defendant did not have any savings or bank account in 1948. The $6,000 was used to purchase a home in Berkeley, California. Title to the home was taken in the names of plaintiff and defendant as joint tenants. The title remained in joint tenancy until 1951, when there was a separation between the parties. At the time of this separation, a property settlement agreement was made between the parties by which the husband transferred his interest in the Berkeley home to his wife, and she in turn released to him approximately $3,000 in cash. In June, 1952, the parties became reconciled. During the time of separation, plaintiff sold the Berkeley home for approxi

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mately $7,000, receiving approximately $4,500 in cash and a promissory note secured by a deed of trust on the property for the balance. As of the date of trial, the note and deed of trust still remained in the wife’s name alone. From June, 1952, when the parties reconciled, until February, 1955, when they again separated, they acquired and disposed of the following pieces of real property: (1) A house at 632 Olivehurst Street, Olivehurst, Tuba County, California. The property is unencumbered and its rent brings in about $50 a month. (2) Property at 335 Canal Street, Olivehurst. This property was later sold and a note and deed of trust taken in exchange. The note is being paid at the rate of $35 per month. (3) A half interest in a garage and building which was disposed of to the state of California for $5,331. (4) A home known as the home place at 124 East Ninth Street. This property is mortgaged. (5) Three lots adjoining the home place. This property was also mortgaged. (6) A house at 270 East 11th Street. This is also mortgaged. It is rented. Prior to the marriage Edward had entered into a conditional sales contract to purchase certain real property. He paid one-sixth of the down payment, to wit, $200, and his brother paid the rest. The brother has made all the payments on this property. Title is in Edward’s name alone. In each instance, with the exception of the last mentioned parcel, title to the property was taken in the name of both parties as joint tenants.