Bradbury v. Bradbury

STEPHENS (Jess E.), J. pro tem. Plaintiff and defendant were married on July 6, 1926. Marital troubles having arisen between them, plaintiff announced to defendant in May, 1939, after some twelve years of married life and strife, that she had decided to leave California and establish her residence in another state, and that she would there secure a divorce from him. At the same time she exhibited to her bus ticket, which she had already purchased pursuant to her expressed intention. Upon the following day defendant presented to plaintiff and requested her to sign a deed conveying to him the home place, which they had since their marriage by their joint efforts and which was held by them in joint tenancy. He stated that by this transfer to him he would be enabled to and would sell the property in her absence and transmit one-half of the proceeds to her. She had confidence in his integrity in spite of their marital inharmony, and, relying thereon and upon the truth of his representations and his good faith in carrying out his agreement to sell the property and transmit one-half the proceeds to her, executed the deed and he placed it of record. Thereafter she went to the State of Idaho, where she obtained employment and established her residence and thereafter a decree of divorce from defendant. In this decree no mention is made of the property. She subsequently returned to California and demanded that defendant either sell the real property and divided the proceeds as agreed or reconvey to her the one-half interest therein. He refused to do either and she thereupon brought this action, reciting the facts sub[549]stantially as above related, and prayed for a decree declaring that defendant holds said property in trust for plaintiff and defendant in equal interests. The complaint also alleges the existence of certain additional community property, consisting of a small amount of household furniture and an equity in an automobile, and seeks similar relief as to it.

Defendant denies the alleged agreement and alleges that the parties had entered into an oral agreement pursuant to which plaintiff executed the above deed and also surrendered to him all of her right, title and interest in their community and joint tenancy property, and waived all claims against him for alimony or support, and that the consideration therefor was that plaintiff would leave the jurisdiction of the State of California and obtain an uneontested divorce from him in another state. He - argues that such an agreement is contra tonos mores and will not be enforced by the courts, and that equity should refrain from extending relief to the parties to such an agreement.