In re the Estate Deschamps

Citations

• 77 Wash. 514
• 137 P. 1009
• 1914 Wash. LEXIS 935

Syllabus

<p>Husband and Wife — Wife’s Separate Property — Advances by Husband — Community Property. The status of the wife’s separate real property is not affected by the fact that the husband put some of his money into it for repairs and upkeep, except as subject to a possible equity therefor, which should be disregarded when the amount was small, and was advanced without any understanding that it carried an interest in the property.</p> <p>Same — Wife’s Separate Property — Trade—Rights of Husband. The fact that the wife’s separate real estate was traded for property and her husband named as a grantee in the deed, would not give him a community interest in the property, even if he furnished a small amount of property in the trade, where it was apparent that he did not regard the property as his own.</p> <p>Same — Community Property — Evidence—Sufficiency. The evidence is insufficient to show that property, the deed to which was taken in the name of a husband and wife, was their community property, where it is undisputed that the greater part of the consideration was a trade for separate real estate belonging to the wife, the husband furnishing property of very lit'tle value, without any agreement for an interest, and there was nothing to show that the wife, in directing the deed to be made to herself and husband, intended to give up a half interest in the property or that the husband should assert a greater interest than that represented by his advances.</p>