Robinson

—In this action to quiet title plaintiff has appealed from a judgment awarding to defendant a life interest in the real property which is the subject of the litigation.

An interlocutory decree was awarded to Theresa Robinson, defendant herein, on June 10, 1942, she having theretofore commenced an action against plaintiff for separate maintenance in which she later changed her prayer to ask for a divorce. In the divorce action she listed various properties of the parties, some of which she alleged to be community property. She specifically alleged that the real estate which is the subject of the present litigation was the separate property of the plaintiff herein, Lewis Robinson. A cross-complaint was filed in the divorce action and the court in its interlocutory decree of divorce ordered the plaintiff herein to pay to defendant herein the sum of $12.50 per month until the further order of the court and also gave her “the right to remain in and to continue to reside and enjoy possession of the premises she now occupies at 1609 East 110th Street, Los Angeles.” A part of the community property was awarded to each of the parties. In the final decree of divorce, which was entered on…