Miranda

By this action appellant sued her former husband for partition of Lot 31, Block B of Sherman Subdivision, Los Angeles County. By his cross-complaint, respondent, Max A. Miranda, alleged that pending the action for divorce, on September 7, 1943, and prior to entry of the interlocutory decree the parties executed a writing whereby they settled all differences with respect to their property and the custody of their children; that the lot “was to be held in the names of said parties so long as the cross-defendant and the minor children . . . should occupy the premises as a home, and that if thereafter the cross-defendant should enter into another marriage the said property should be sold . . . and that the funds realized therefrom shall be used for the support and maintenance of said minor children ... at the rate of $50 per month.” The children intervened with the same declaration. Upon the issue thus raised the court decided in conformance with the agreement and respondent’s contentions and denied partition.

The pertinent provisions of the property settlement are the following:

Among the findings appear the following: By the settlement the title of the lot was to remain in the…