Remley

Remley v. Remley

Good Law
1920 Cal. App. LEXIS 251·49 Cal. App. 489·193 P. 604
Court of Appeal of CaliforniaOctober 6, 1920Civ. No. 3507.California1,295 words

Opinion

lead Opinion

Kinsell, J.

Defendant appeals from an interlocutory judgment of divorce in favor of . plaintiff, wherein the court declared each party the owner of one-half of certain homestead community property and awarded plaintiff a monthly allowance for the support of the minor children of the parties, such allowance to 'constitute a lien upon defendant’s interest in such homestead property until paid.

Defendant urges two points for a reversal, viz.:

(1) The first point is so destitute of merit as hardly to warrant notice. The record discloses abundant corroborative testimony. The evidence is conflicting. The trial court found in favor of the plaintiff. In view of the conflict, this court will not disturb such findings.

(2) In support of his second contention, appellant urges that the court’s judgment cannot destroy the homestead character of the property assigned; that the homestead can be destroyed by two methods only: (a) By abandonment by the parties as provided in section 1243 of the Civil Code; or (h) by decree of court in a proceeding instituted for that purpose.

That the court has power in a divorce action to make disposition of the community property, including the homestead, there can be…

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