Duffey

This action was one originally brought by plaintiff against defendant for separate maintenance. At the time of the trial, by leave of the court, an amended complaint was filed praying for a divorce on the ground of wilful desertion. Defendant filed an answer and cross-complaint. Under his cross-complaint he also alleged desertion. Judgment was in favor of plaintiff. There were six living children, issue of the marriage, four of Avhom at the time of the trial were minors. During the marriage relation the parties had accumulated community property of the value of $127,956.25, subject to an indebtedness of $40,649, or a net value of $87,207.25.

Prior to judgment they entered into a stipulation concerning all of their property rights. By the terms of this agreement the net value of the property was divided equally between them. In addition to the one-half of the community property received by plaintiff, defendant paid to her the sum of $5,600, which represented an agreed indebtedness between the parties. At the time the judgment was rendered plaintiff, by reason of these arrangements, was the owner of property in excess of $49,000 in her own right. It also appeared that at this time…