In Re Marriage of Wall

This is an appeal from a portion of an interlocutory judgment of dissolution of marriage- declaring that a winning Irish Sweepstakes ticket is the separate property of respondent, wife. We affirm the judgment.

Read as it must be in the light most favorable to the findings of the trial court, the record reveals the following. Appellant (husband) and re spondent (wife) were married in 1965. They originally separated in 1968. In December of that year, husband filed a complaint for divorce and wife filed a cross-complaint for the same relief. They reconciled but the action was not dismissed. In March 1971, husband and wife again separated. Wife moved from the family home. She lived for a brief period with her daughter by a prior marriage, and then in the home occupied by her first husband and their son.

Wife pursued the pending marital dissolution proceeding, prosecuting an order to show cause for temporary support. On April 29, the court awarded her support in the sum of $150 per month, payable on the first and fifteenth of each succeeding month. Husband made the May payments required by the order. Although his checks were dated May 1 and May 15, each was delivered several…