Tripp
Tripp v. Superior Court
Opinion
Lead Opinion
Works, J.
Petitioner's wife sued him for divorce and procured an interlocutory decree against him. Among other things the decree contained the following: “The court further finds that prior to the commencement of this action . . . the parties hereto executed a certain property settlement and agreement, which should be and is hereby incorporated in and made part of this decree, and is in words and figures as follows, to-wit”: The agreement was then set out in full. In part, it described several parcels of real property, all of which was stated to be the community property of the spouses, and by it the husband agreed to convey to the wife all his interest in the property. The instrument also contained the following: “It is further agreed and understood by and between the parties hereto that there is a total indebtedness against the Orange County property described above of approximately nine hundred ($900.00) dollars, and said [husband] agrees with said [wife] to make said payments as the same may become due to and for the use and benefit of the said [wife]. . . . That said [husband] has herewith made conveyances of all his said property as set forth above, the same to be held subject to the…