Frapwell

Frapwell v. Gillespie

Good Law
122 Cal. Rptr. 718·1975 Cal. App. LEXIS 1237·49 Cal. App. 3d 597
Court of Appeal of CaliforniaJune 30, 1975Civ. No. 45072California1,326 words

Opinion

Lead Opinion

Kingsley, J.

The wife appeals from portions of an interlocutory decree of dissolution determining the status, as community or separate property, of certain assets standing either in joint tenancy or in the name of the wife. For the reasons set forth below, we reverse the portions of the decree appealed from.

*600 The husband and wife were in their late fifties at the time of their marriage. The parties met in September 1972, and within a week the husband proposed marriage and the wife, the appellant herein, accepted. The wife moved from her home into the home of the husband. Between September 1972 and the date of separation, the husband caused property to be purchased in his wife’s name, alone, or caused his property to be transferred into joint tenancy. Irreconcilable differences arose and this action followed.

A trial was had and the court, pursuant to the wife’s request, ordered findings of fact and conclusions of law. The court awarded the wife a checking account at the Bank of America, Norwalk Branch, one of the savings accounts at Great Western Savings, Lakewood Branch (which had been held in joint tenancy by petitioner and her son), the household furnishings, a four-karat…

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