Bedal v. Sake

Citations

• 10 Idaho 270
• 77 P. 638
• 66 L.R.A. 60
• 1904 Ida. LEXIS 34

Syllabus

<p>Deceee of Divorce — Effect on Community Property, When Rendered in Foreign Jurisdiction.</p> <p>1. Where the wife abandons her husband and home in the state of Idaho, takes up her residence in the state of Oregon, and thereafter procures a decree of divorce on service by publication, forms a new community by another marriage, eight years and more after abandoning her husband returns to Idaho and by an action in the name of herself and husband as coplaintiff with her, seeks to obtain her interest in the homestead of herself and former husband, held, that after forming a new community she abandons all claim on the old one and cannot recover.</p> <p>2. One who voluntarily leaves this jurisdiction and the domi-. cile and community property located in this state and obtains a decree of divorce in another jurisdiction, cannot maintain an independent action thereafter in this jurisdiction for a division of the community property.</p> <p>(Syllabus by the court.)</p>