Patterson v. Bowes

Citations

• 78 Wash. 476
• 139 P. 225
• 1914 Wash. LEXIS 1047

Syllabus

<p>Husband and Wire — Community Property — Presumptions. The presumption that all property acquired after marriage is community property applies whether the legal title is in the name of the wife or husband.</p> <p>Fraudulent Conveyances — Between Husband and Wipe — Girts —Burden or Prooe — Evidence—Surriciency. Under Rem. & Bal. Code, § 5292, making a gift from husband to wife presumptively fraudulent as to creditors, to be overcome only by clear and convincing evidence, a finding that there was a gift of between thirty and forty thousand dollars, with which the wife purchased real estate as her separate property, is not warranted by the evidence, where it appears that she had but a small estate when married none of which went into the property; the husband’s evidence that he made her the gift in drafts or checks while free from debt was contrary to his affidavit in the action that the property in question was purchased with her separate estate acquired before marriage; it appeared that he conveyed the property to her by quitclaim deed, and neither the husband nor wife was able to give any information as to the drawer or drawee of the checks or drafts, or in what banks she deposited them, and she had no bank books or accounts; and that, at the time of the alleged gift, the husband was indebted to a bank in a large sum, and in a prior action they had pleaded that “they” owned the property.</p>