Gera v. Gera

SHINN, J.* Mrs. Gera, who was awarded a divorce in a contested action, appeals from the judgment except as it awards her a divorce. Mrs. Gera alleged in her complaint that there was community property consisting of an automobile, a bank account, and money in the control of defendant, the amount of which was unknown to her. She also alleged that the household furniture and the real property which was her home were her sole and separate property. Mr. Gera filed a cross-complaint for divorce alleging that the automobile, a bank account, and the household furniture were community property, and the residential real property was held in joint tenancy. Each party accused the other of cruelty, and each sought an award of the community property. The real property was declared to be owned in joint tenancy, and the furniture was awarded to Mrs. Gera.

Mrs. Gera owned the home of the value of $20,000 when she married Mr. Gera in 1955. At or about that time she signed and acknowledged a deed placing the title in joint tenancy with Mr. Gera. She testified she had no intention to convey any present interest in the property to Mr. Gera; intended only to protect him in case of her death; and that the deed was retained in her possession and was never delivered. Mr. Gera testified that he was given possession of the deed; that he and Mrs. Gera went to the recorder’s office together and had the deed recorded. The court believed the dubious testimony of Mr. Gera and found that the deed was duly [495]executed and delivered. This finding must be deemed conclusive, and it supports the judgment that the property is owned in joint tenancy.

After submission of the trial the judge pro tern entered a minute order stating his decision that Mrs. Gera was entitled to a divorce on the ground of cruelty; Mr. Gera to take nothing by his cross-complaint; and that the joint tenancy deed was duly executed and delivered. Mrs. Gera’s attorney was directed to prepare findings and conclusions unless waived by counsel for Mr. Gera. The minute order was made February 28, 1967. On March 24, 1967, before findings and conclusions were made, Mrs. Gera’s attorney gave notice of motions to reopen the trial for the receipt of new evidence and for leave to file a supplemental complaint. The hearing was noticed for April 4, 1967. The principal grounds of the motions were that on March 22d Mrs. Gera had declared a homestead on the property for the benefit of herself and her husband, the homestead gave her special rights in the property that should be adjudicated in the divorce action, and that upon evidence she proposed to introduce the court could and should assign the homestead to her for life. The motions were heard and denied.