Huellmantel v. Huellmantel

Citations

• 124 Cal. 583
• 57 P. 582
• 1899 Cal. LEXIS 1038

Syllabus

<p>Divorce—Alimony—Fraudulent Conveyance by Husband—Cancellation—Subjection to Lien of Wife.—In an action for a divorce and alimony, a conveyance by the husband found to have been made in fraud of the rights of the wife, should not he canceled by the decree, where it is not questioned by the parties thereto, but the interest of the grantees may be adjudged subject to the lien of the wife thereupon for alimony, counsel fees, and legitimate costs, and to her right to have the premises sold to pay the several sums found due to her by the decree.</p> <p>Id.—Claim Due to Builder—Agreement for Share of Net Income— Subordination to Wife’s Lien.—A builder, who, many years prior to the action for divorce and alimony, had erected a building and made other improvements upon the premises upon which the wife’s lien for alimony was adjudged, under a contract with the husband that the builder was to receive one-half of the net income of the property until paid, but without any reservation of right to remove the building, or the taking of any mortgage upon the property, has no interest therein or lien thereupon, and his claim for unpaid indebtedness against the husband, though not litigated or concluded by the enforcement of the wife’s lien for alimony upon the premises, is subordinate thereto, and cannot affect her rights.</p> <p>Id.—Homestead—Separate Property of Husband—Alimony in Lieu of Wife’s Claim—Lien.—Where the wife had declared a homestead upon the separate property of the husband, the court may set it apart to her for a limited period upon granting a divorce in her favor; hut it is not compelled to do so, and may, in lieu thereof, adjudge a specific sum for permanent alimony, and charge it as a lien upon the premises.</p> <p>Id.—Effect of Decree upon Title.—The effect of the decree awarding a sum of alimony in lieu of the wife’s interest in such homestead is to leave the title to the property in the husband freed from the homestead, though not specifically assigned to hi