Biggi v. Biggi

Citations

• 98 Cal. 35
• 32 P. 803
• 1893 Cal. LEXIS 856

Syllabus

<p>Husband and Wife—Agreement for Division of Property Pending Divorce Suit—Recognition of Community Property—Release by Wife—Finding against Evidence.—An agreement between husband and wife for a division of property pending an action between them for divorce, in which it was provided that certain laud which had been purchased during their marriage and conveyed to them jointly, should be sold, and the proceeds of the sale should he divided equally between them, such sale to be for not less than a specified sum, and that whenever an offer should be made therefor a third party therein named should be the exclusive judge as to the value of the land, and they both agreed to abide by the judgment of said third party, and to sell said premises for such sum; and which further provided that until the property should be sold the husband should be entitled to its possession and occupancy, paying the wife a specified sum monthly therefor, is a recognition by the husband that the property was community property, and that the wife was entitled to one half thereof; and a clause therein, in which it was recited that the wife “releases and acquits” the husband “ from all and every claim of every character and kind whatsoever to other property, other than said One-lialf interest in said life estate, and the one half of said net proceeds of said sale,” must be construed as relating to other property than that described therein, and not as a release of her interest in the property out of the sale of which she was to receive one half of tho net proceeds; and in an action by the divorced wife to have the land sold find the proceeds divided between the parties thereto, because of a refusal of the husband to sell the land unless he should receive the entire proceeds thereof, a finding that the husband was the owner in fee of the entire tract and that the wife had no interest therein is contrary to the evidence.</p> <p>Id,—Conveyance to Husband and Wife—Presumption—Community Property —Divo