Siberell

Plaintiff obtained against defendant an interlocutory decree of divorce upon the ground of cruelty. By this decree also the real property involved was declared to be community property and was divided equally between the spouses except that the lien of a $6,000 mortgage thereon was shifted from the whole of the property to the interest awarded the defendant. Plaintiff alone appealed and her attack is leveled only at that portion of the decree affecting said real property.

Her contentions are twofold. If either is correct, the decree must be reversed. First, she contends that inasmuch as the property was deeded to husband and wife as joint tenants, under the presumption indulged by section 164 of the Civil Code, she took a half interest in it as her separate estate and respondent took the other half as community property; that therefore upon the dissolution of the tenancy by divorce, she is entitled to the half held by her as separate property and also to at least one-half the remaining half held as community property by the husband (Civ. Code, sec. 146). Second, she contends that on January 19, 1918, respondent executed to her a grant of the whole of said property, reciting a…