Simpson v. Simpson

Citations

• 80 Cal. 237
• 22 P. 167
• 1889 Cal. LEXIS 896

Syllabus

<p>Divorce—Disposition oe Community Property—Homestead—Trust— Jurisdiction. —When, upon a decree of divorce in favor of the wife, for extreme cruelty and habitual drunkenness of the husband, the homestead property is awarded to the wife, and the decree declares that the property so awarded to her is to “be held by her in trust for her support, and for that of the children of the parties,” no definite or certain trust is created, but an absolute and unlimited estate in the homestead property is transferred to the wife. The court has no statutory power to create a trust in the homestead or community property by a divorce decree, but only to assign it to the innocent party absolutely or for a limited period.</p>