Kraemer

The money used in the purchase of the land was not the separate property of the husband. (Smith v. Smith, 12 Cal. 224 Story’s Conflict of Laws, secs. 186, 454.) In an action for a divorce and division of property the law rei sitce determines the-character of the real estate, as between the parties. Each State-impresses on property within its limits the character which it. may deem expedient. (Story’s Conflict of Laws, sec. 447.) The law of community is a real law. Hence a change of domicile can never affect the interests of the husband and wife in their real property, because those interests in their present property, as well as in their future acquisitions, are determined by the lex loci rei sitce. (Story’s Conflict of Laws, secs. 186, 187, 454; Ibid. sec. 159 to 191; Bouvier’s Law Die. Lex Rei Sites, and authorities there cited; Broom’s Legal Maxims, 4th London ed. p. 385.)

Glassell, Chapman & Smiths, for the Respondent.

Our “ Act defining the rights of husband and wife,” passed April 17th, 1850, is expressly limited in its operation by the 14th and 15th sections thereof, which are as follows:

“Sec. 14. In every marriage hereafter contracted in this State, the rights of…