Cook v. Norman

Citations

• 50 Cal. 633

Syllabus

<p>CoariiuxiTT Peofebiv.—Although as the law stood in this State prior to 1861, upon the death of the wife one-half of the community property went to the surviving husband and one-half to the children, yet the entire community property remained subject to the payment of the community debts, and the surviving husband had a right to sell real estate which had been community property for the purpose of paying the community debts.</p> <p>Idem.—In such case, the purchaser in good faith from the surviving husband, in order to support his title as against a child of the community, is not bound to show that the sale of the land by the husband was necessary to provide for the payment of the community debts.</p> <p>Idem.—The fact that the community debts were those of a firm of which the surviving husband was a member, and that the firm was dissolved before the death of the wife, and a member of the firm, other than the husband, undertook to pay these debts, and received assets for that purpose, did not free the community property from its legal liability for the debts.</p> <p>Idem.—As against the husband, in such case, the interest of the children in the community property became vested on the death of the wife, and if he afterwards sold it, the children were entitled to an accounting.</p>