Sortore v. Sortore

Citations

• 70 Wash. 410
• 126 P. 915
• 1912 Wash. LEXIS 1063

Syllabus

<p>Divorce — Complaint—Amendment. It is not error to allow a complaint for a divorce to he amended to set up a cause of action for the annulment of the marriage.</p> <p>Marriage — Annulment. Under Rem. & Bal. Code, §983, providing that when there is doubt as to the validity of a marriage either party may apply for a decree of nullity, a divorced woman who remarries within six months, while incapacitated, may maintain the action where she did not know that the marriage was illegal, and was less in the wrong than the husband, who knew the facts as to the divorce.</p> <p>Husband and Wipe — Void Marriage — Community Property. A marriage between parties prohibited from contracting the marriage is void ab initio, and property acquired cannot be community property.</p> <p>Marriage — Annulment—Disposition op Property. Upon the annulment of a void marriage, it is not an abuse of discretion to award to the plaintiff property which belonged to her prior to marriage, and upon which she had paid all taxes, where the improvements placed thereon by the defendant added little to its value, and he was paid for the greater part of his work, and had abused the plaintiff and failed to properly provide for her.</p>