Guye v. Guye

Citations

• 63 Wash. 340
• 115 P. 731
• 1911 Wash. LEXIS 1204

Syllabus

<p>Husband and Wife — Common Property — Income—Statutes. The common property act of 1871, providing that the income or proceeds o'f the separate property of both husband and wife accruing during marriage shall be common property, did not impress separate property with a trust in favor of the common use of both, in view of other provisions of the act giving, each the sole control, management, and power of disposition of their separate estates; but simply provides that the income thereof, when it comes into existence, shall be common property.</p> <p>Same — Statutes—Change of Status. The common property act of 1871, having provided that the income of separate property should be common property, the legislature would not have power by a subsequent act to declare income already accrued to be separate property, but it could so provide as to future income.</p> <p>Same — Income of Common Property — “Interest.” The provision in the common property act of 1871, relating to both personal and real property, that the rents, profits, “interest” and income of separate property shall be common property, means only that the entire income thereof shall be common property, “interest” not having any further significance.</p> <p>Husband and Wife — Community Property — Acquired After Marriage — Enhancement in Value. The natural enhancement in value during marriage of the separate property of the spouses is not property acquired during marriage, within the spirit of the community property statutes, which provides that property acquired before marriage and in certain ways, together with the rents, issues, and profits thereof, shall be the separate property of the spouse acquiring it, and that all other property acquired after marriage shall be community property.</p> <p>Same — Purchase Before Marriage. Where the husband purchased land, took possession, made improvements, and paid at least part of the purchase price before marriage, it is his separate property, although he received the dee