Howard

Defendant appeals from certain portions of an interlocutory decree of divorce granted to plaintiff.

Questions: First: Did the trial court err in finding that property known as 1134 San Ysidro Drive, Beverly Hills, California, was purchased by plaintiff with $45,000 which was a gift from defendant to her?

No. The trial court found as follows:

Plaintiff testified that the above described property was purchased by her “out of the money he [defendant] gave me to buy the house with.” Further, in answer to this question, “And where did you get the money with which to acquire this piece of real property?” she answered, “My husband gave it to me. ’ ’ She also testified with reference to the money that she used to purchase the house that she told her husband she could never pay it back and he said “I don’t mean for you to pay it back; I want it to look like you are paying it back to me.” Clearly this evidence sustains the trial court’s finding that defendant gave plaintiff the money with which she purchased the property, which in effect supports the trial court’s finding that it was her sole and separate property.

It would serve no useful purpose to reiterate the oft announced rule…