Perry

Perry v. Perry

Good Law
1969 Cal. App. LEXIS 1587·270 Cal. App. 2d 769·76 Cal. Rptr. 212
Court of Appeal of CaliforniaMarch 19, 1969Civ. No. 32763California1,085 words

Opinion

Lead Opinion

Roth, J.

Respondent wife, in a divorce action, initiated by appellant husband after a 20-year marriage, obtained a decree on grounds of extreme cruelty and pursuant to an “equitable division” of community property itemized in the findings and in the interlocutory decree, was, according to appellant’s assertion, improperly awarded $115 per week alimony and assets in an amount, which equal more than one half of the community property.

Custody of the minor daughter, pursuant to her expressed nomination, was awarded to appellant.

Appellant asserts the division of the community property to be error because of the above improper awards and asserted omission in the findings relative thereto and complains also that the minute order made by the court at the conclusion of the trial was changed.

The original minute order, among other things, provided for the sale of the marital residence within a nine-month period, and an equal division of the sum realized from the community equity therein; an equal division of the .proceeds of a certain promissory note and $50 per week alimony and maintenance costs of the residence during the nine-month period. By amendment on the following day it was changed and…

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