Kohr

Plaintiff wife appeals from the interlocutory judgment of divorce entered herein. Her attack upon the judgment is based upon her assertion that the record fails to disclose that she understood or consented to the stipulations which (1) declared that the residence property owned by the parties was joint tenancy and not community property; and (2) required her to make the payments on this residence, until it was sold, from the alimony payments ordered paid to her by her husband.

The record reveals that by their pleadings and their pretrial statement the parties initially had placed in issue the character of their ownership of the property in question. However, on the day of trial, counsel then representing ap pellant, after having been granted permission to amend her complaint from one seeking separate maintenance to one for divorce, made the following statement to the court:

Appellant then proceeded to introduce evidence in support of her complaint. Respondent, although called as a witness by appellant under section 2055, Code of Civil Procedure, offered nothing by way of defense or in support of his cross-complaint. When appellant testified, she stated her wishes with reference…