Harper

Husband and wife appeal award to husband’s former mistress of a life estate in their community property investment beach house.

I

John L. and Modesta Raya have been married since 1944. He met and began an extramarital relationship with Marjorie Harper in 1962. Harper was at all times aware of Raya’s marital status. In 1969 Raya purchased a single family residence in San Clemente as an investment. Title was taken in his name only, but mortgage payments were made with community property earnings. Harper sold her own home in 1971 and at Raya’s suggestion moved into the San Clemente house. She performed routine maintenance and upkeep on the home, but paid no taxes, insurance premiums, or major maintenance expenses, nor did she make the mortgage payments.

Harper claimed Raya told her she could live in the house for as long as she wanted, and in 1972 he gave her a letter addressed to his daughter and signed by him, stating in part, “This particular request I make of you because I know that you would do as I request regardless of your personal feelings. Marjorie W. Harper is to be allowed to live in the beach house rent free as long as she wishes.” There were no other written…