Schuyler v. Broughton

Citations

• 70 Cal. 282
• 11 P. 719
• 1886 Cal. LEXIS 781

Syllabus

<p>Husband and Wife — Deed to Married Woman—Community Property-—-Presumption.—Real property conveyed to a married woman by a deed which shows on its face a consideration paid by her is presumed to have been purchased with community funds, and to be community property, and as such is liable for the debts of the husband. The presumption may be overcome by extrinsic proof that the consideration paid was the separate funds of the wife; but in the absence of such evidence, the presumption is absolute and conclusive.</p> <p>Id.—Money Borrowed by Married Woman — Investment of.—Money borrowed by a married woman to invest in real property during her marriage is community property, unless it be borrowed by her upon the faith of her existing separate property, which she mortgages or pledges as security for its payment, or against which her contract may be enforced.</p> <p>Id. — Consideration for Purchase — Partly Separate and Partly Borrowed Money. — Real property purchased by a married woman in her own name, partly with money belonging to her separate funds, and partly with money borrowed by her for that purpose, becomes in part the separate property of the wife, and in part community property. In such a case, the wife becomes a tenant in common of the land with her husband in the proportion that the separate funds paid by her bear to the whole purchase price.</p> <p>Id. — Community Interest Liable for Husband’s Debts. — Lands so purchased, so far as they are community property, may be taken in satisfaction of an execution against the husband.</p>