Williams v. Williams

The husband appeals solely from that portion of an interlocutory judgment and decree of divorce which adjudged that a promissory note secured by a mortgage on certain real property was wife’s separate property.

The respondent wife was formerly married to Donald Rodan, which marriage was terminated by a decree of divorce in the State of Iowa. The Rodan divorce decree awarded certain real property in the State of Iowa consisting of a parcel of land used as a trailer court to the wife.

The wife thereafter in August of 1956 married appellant, Williams. The trailer court and real property were conceded to be the wife’s separate property at the time of this marriage. In 1963 the trailer court was sold to a Mr. and Mrs. Frost. A part of the purchase price was evidenced by a promissory note in the sum of $66,000. The note was secured by a mortgage on the property and was made payable to appellant and respondent, i.e., to Maxine G. Williams and Raymond H. Williams, husband and wife, as joint tenants with right of survivorship.

On July 17, 1964, in the State of Nebraska, the respondent obtained a decree of divorce from the appellant. A property settlement agreement executed by…