Loveren v. Loveren

Citations

• 106 Cal. 509
• 39 P. 801
• 1895 Cal. LEXIS 636

Syllabus

<p>Divorce—Collusive Agreement—Public Policy—Disposition op Community Property.—An agreement between the parties to an action of divorce, which provides for a certain division of the community property, and which is partly founded on the consideration that the defend, ant would withdraw his counter-charges against the plaintiff, and make no defense to her charge of his desertion, and that the plaintiff would withdraw all her charges against the defendant except that of desertion, is against public policy and void, and may be disregarded by the court in disposing of the community property.</p> <p>Id.—Setting Aside Collusive Agreement.—The court has jurisdiction to dispose of the community property in the action of divorce, contrary to the provisions of such agreement, notwithstanding the agreement has not been set aside by an independent action.</p> <p>Id.—Repudiation of Agreement.—If the court was not misled by such collusive agreement, and while it was wholly executory it was repudiated by one of the parties, and all the issues in the action were vigorously contested, the mere fact that the agreement had been entered into will not vitiate a divorce granted in the action.</p>