Neary v. Godfrey

Citations

• 102 Cal. 338
• 36 P. 655
• 1894 Cal. LEXIS 647

Syllabus

<p>Divorce—Homestead—Separate Property of Wife—Assignment to Husband For Limited Period—Death of Husband—Construction of Decree.—Where a divorce is granted to the husband on the ground of the extreme cruelty of the wife, and a homestead selected from her separate property has been assigned to him for a period of years, his right to the use of the homestead terminates upon his death before the expiration of the term of years designated by the decree of the court. s</p> <p>Id.—Limit of Power of Court—Life Limitation—Presumption.—The power of the court, in an action of divorce, to assign for a limited period the homestead selected from separate property, cannot extend beyond the life of the innocent party to whom the property is awarded; and in construing the decree it must be presumed that the court intended to keep within its powers, and the decree must he read in the light of the law as having a life limitation inseparably connected with it.</p> <p>Id.-—Right, il'o Use of Homestead.—The right to the use of a homestead so assigned to the innocent party is purely personal; and such party has no interest under the decree that can be sold, or levied upon by execution, or inherited, and the interest terminates with the death, and constitutes no asset of the estate of such party.</p>