Svetinich v. Sheean

Citations

• 124 Cal. 216
• 56 P. 1028
• 1899 Cal. LEXIS 972

Syllabus

<p>Husband and Wife—Joint Deed—Separate Property of Husband.— Where a joint deed was made to a husband and wife, it may be shown that the property was purchased with his separate means, and is his separate property, and that the husband permitted the conveyance to be made to them jointly, solely to enable the better management and care thereof by the wife during his absence from home as an officer in the United States navy, and not as a gift to the wife in whole or in part, and that she has no estate therein.</p> <p>Id.—Invalid Execution Sale against Wife.—The property so held cannot be sold on execution against the wife individually, whether it he the separate property of the husband, or community property.</p> <p>Id.—Presumption as to Community Property.—Prior to the amendment of section 164 of the Civil Code in March, 1889, property conveyed for a money consideration to either or both of the spouses was deemed to he community property, in the absence of proof to the contrary.</p>