Jacobs v. Hoitt

Citations

• 119 Wash. 283
• 205 P. 414
• 1922 Wash. LEXIS 779

Syllabus

<p>Husband and Wife (47-1) — Community Property — Acquired Before Marriage. The status of a bakery plant and business acquired before marriage by the use of separate funds and the pledging of separate credit is separate property.</p> <p>Same (51, 56) — Community Property — Confusion of Funds— Profits of Separate Business. Profits from the husband’s separate business, increased by the labor and effort of husband and wife, constitute community property, to the extent of such earnings, where they can be separated; but money in the bank which it is impossible to segregate as to its sources, so confused that it cannot' be apportioned, will be regarded as community property in view of the presumptions and favor of the law in which it is regarded.</p> <p>Same (51, 56). Where a husband had put $8,000 of separate funds into a bakery plant before marriage, and, after the community was created, $6,000 was added which could be presumed to be community property, eight parts of the present value of the plant can be said to be separate property and six parts, community property.</p> <p>Same (58, 60) — Community Property — Presumptions—Evidence —Sufficiency. The presumption that property, once separate, remains so, will not be overthrown by an alleged understanding between husband and wife, in the absence of any agreement between them to that effect, especially as against existing creditors.</p>