Austin v. Clifford

Citations

• 24 Wash. 172
• 64 P. 155
• 1901 Wash. LEXIS 511

Syllabus

<p>HUSBAND AND WIFE — -LANDS PURCHASED AFTER MARRIAGE-WHEN SEPARATE PROPERTY.</p> <p>The presumption that lands acquired by purchase after marriage are community property is overcome in a case where it appears that the husband, prior to marriage, had accumulated over $23,000 worth of land in the business of buying, improving and selling real estate, of which he sold about $20,000 worth within a year after his marriage and bought other land with the proceeds, including that in controversy, without the use of any money of his wife or of the community in the purchase of the same.</p> <p>SAME — - HOMESTEAD IN DECEDENT’S ESTATE-ORDER SETTING ASIDE IN SPOUSE’S SEPARATE PROPERTY- — -EFFECT UPON TITLE.</p> <p>A homestead set aside by the court, under Bal. Code, §§ 6219, 6222, to the widow and minor child of a decedent does not vest the title to such homestead in them, when the land exempted as a homestead was the separate property of the decedent; but such sections must be construed in connection with § 5246, by which it is provided that if a homestead was selected from the community property, the land rested in the survivor upon the death of either spouse, and “in other cases, upon the death of the person whose property was selected as a homestead, it shall go to his heirs or devisees, subject to the power of the superior court to assign the same for a limited period to the family of the decedent.”</p>