Badillo

Plaintiff Alejandro M. Badillo appeals a judgment denying his action to quiet title to certain real property and ordering partition of the property.

Alejandro M. and Alicia Badillo were married in 1948. In 1963 they bought a residence, holding title as “joint tenants.” In April 1970, Alicia petitioned for divorce. The petition listed the residence as part of the property subject to disposition by the court. The petition sought child custody and support, spousal support, and determination of the parties’ property rights “as provided by law.” Alejandro was personally served with summons and petition. Alicia later filed a request to enter default. An interlocutory judgment was granted on November 3, without objection by Alejandro.

The interlocutory judgment divided the community property and obli: gations as follows: the family furniture, worth $200, went to Alicia; the family car, worth $200 went to Alejandro; each party was given one-half interest in the current equity in the family residence ($2,327.50 each); and each remained obligated to pay one-half of the community debts ($819.37 each). The judgment specifically classified the residence as community property. Alicia…