Holliday
Holliday v. Holliday
Opinion
Lead Opinion
Agee, J.
Plaintiff obtained an uncontested interlocutory decree of divorce from defendant on October 13, 1960. The decree approved a property settlement agreement dated October 12,1960. The final decree was entered on October 18,1961.
Plaintiff filed this action against defendant on February 26, 1962, seeking to set aside the division of community property made pursuant to the agreement. She appeals from an adverse judgment.
Appellant does not claim that there was any concealment of the items of community property. Her contention is that the values of such items were not disclosed to her and that the value of the share received by her under the agreement was disproportionate to that received by respondent.
The principal issue of fact at the trial was whether the parties had orally agreed that, as alleged in the complaint, the community property “was to be divided upon such basis as would give each an equal share in value.” Respondent denied the making of any such agreement and the trial court expressly found that appellant’s allegation was untrue. Appellant does not contend that this finding is not supported by substantial evidence.