May

This is an appeal from that part of an interlocutory judgment of divorce which awarded to the wife as her separate property certain real property previously occupied by the parties as their home.

Plaintiff and respondent, hereafter referred to as the wife, brought an action for divorce, custody of children and their support and maintenance, attorneys’ fees and costs and an award of such of the community property as would be equitable and proper, against the defendant and appellant, hereafter referred to as the husband. The wife alleged that the real property, automobile and household furniture and furnishings were community property.

The husband answered the complaint and denied that the real property was community property and asserted that it was “property held in joint tenancy . . .” He also filed a cross-complaint for divorce and asserted that there was 11 community property of the parties, the nature and extent of which is presently unknown” to him. After a contested hearing, where both parties and others testified, the judge granted an interlocutory decree wherein among other things it was ordered that the wife was entitled to a divorce, that she have the custody of the…