Hayden v. Zerbst

Citations

• 49 Wash. 103
• 94 P. 909
• 1908 Wash. LEXIS 534

Syllabus

<p>Husband and Wife — Conveyances Between — Community Property-Separate Property of Husband. Under Bal. Code, § 4539, providing that a deed from a husband or wife to the other shall divest the grantor of any community interest and create a separate estate in the grantee, property acquired by and in the possession of a husband becomes his separate property upon his wife’s making a quitclaim deed thereof to him, although he subsequently proceeded to remove clouds from the title by purchasing tax titles and other interests, where such steps and the quitclaim deed were all parts of one transaction whereby the husband, living separate and apart from the wife, sought and claimed to acquire a separate estate.</p> <p>Estoppel — Failube to Asseet Title — Husband and Wife — Community Pboperty- — Separation Agreement. A wife who entered into a separation agreement in 1886, whereby the community property was divided and future acquisitions were to be considered the separate estate of either husband or wife, who thence lived separate and apart, is estopped to claim an interest in lands acquired by the husband in 1892, where she then also made a quitclaim deed of the property to him, and made no claim thereto for more than fourteen years and for more than five years after her husband had sold the same to innocent purchasers.</p>