Union Savings & Trust Co. v. Manney

Citations

• 101 Wash. 274
• 172 P. 251

Syllabus

<p>Fraudulent Conveyances—Transaction Between Husband and Wiee-—-Parol Giet—Evidence—Sufficiency. In an action to set aside a deed from husband to wife, as fraudulent as to community-creditors existing at the time of the conveyance, the evidence is insufficient to show that the property was the separate property of the wife, where the transaction can only be sustained as a ratification of a prior parol gift of the husband’s community interest in real estate, taken in the wife’s name after coverture and presumptively community property, and upon the faith of which credit was given by existing creditors in the belief that it was community property.</p> <p>Same. In such action, where the spouses had nothing at the time of marriage, it was incumbent upon the wife to show that the property was acquired by gift; and an oral gift of real estate, void under Rem. Code, § 8745, requiring the same to be by deed, cannot be shown by the fact that real estate, acquired after coverture, was taken in the wife’s name, when less than one-tenth of the purchase price was traced to the wife’s separate personal property; since the same was presumptively community property, and its status when acquired remains the same until divested by deed or estoppel; and since if the attempted gift by parol was void, any subsequent attempted ratification by deed would also be void as to creditors then existing.</p>