Hobbs v. Hobbs, 7444

• Court: United States State Supreme Court of Idaho
• Writing for the Court: Givens, Justice.
• Citation: 204 P.2d 1034,69 Idaho 201
• Decision Date: 09 April 1949
• Docket Number: 7444
• Parties: HOBBS v. HOBBS

204 P.2d 1034

69 Idaho 201

HOBBS
v.
HOBBS

No. 7444

Supreme Court of Idaho

April 9, 1949

Appeal from District Court, Fourth District, Blaine County; the late Honorable T. Bailey Lee, Presiding Judge.

Affirmed.

W. L. Dunn, of Twin Falls, for appellant.

When a divorce is properly granted upon a charge of adultery or extreme cruelty Section 31-712 I.C.A. by sub-section 1 thereof provides that the community property must be assigned to the respective parties in such proportions as the court, from all the facts of the case and the condition of the parties, deems just. This calls for the exercise of a sound discretion and the court's action is subject to review. Section 31-712; Donaldson v. Donaldson, 31 Idaho 180, 170 P. 94.

Chapman & Chapman and Lawrence B. Quinn, all of Twin Falls, for respondent.

Division of community property by parties in anticipation of separation and divorce is presumptively valid and thereafter constitutes the sole and separate property of the receiving spouse. 31-907 Idaho Code Annotated, as amended 1943 S.L., ch. 23 par. 1, p. 51; Morton v. Fuller, 48 Idaho 203, 281 P. 377; Johnson v. Richards, 50 Idaho 150, 294 P. 507; Beard v. Beard, 53 Idaho 440, 24 P.2d 47.

Givens, Justice. Holden, C. J., Porter, J., and Sutton and Glennon, District Judges, concur.

OPINION

Givens, Justice.

[69 Idaho 202] During February 1945, appellant's claimed infidelity rifted appellant and respondent with marital infelicity and disruption of conjugality. February 27, respondent filed suit for divorce for adultery. Summons was issued and served. Appellant did not appear within the required time, but no default was taken.

February 28, appellant conveyed to respondent by warranty deed and bill of sale, certain described real and personal property, to be her sole and separate estate.

Following resumption of connubiality and a futile, attempted reconciliation, appellant filed suit for divorce October 13, charging cruelty.

October 19, respondent asked leave to file an amended and supplemental complaint and for issuance of another summons, [204 P.2d 1035] which application was granted. The supplemental complaint alleged community property as follows:

"(a) The sum of Two Thousand One Hundred and no/100 ($ 2100.00) Dollars in cash.

"(b) A 1941 Plymouth automobile of the approximate value of One Thousand One Hundred and no/100 ($ 1100.00) Dollars.

"(c) Unpaid wages due plaintiff and defendant from Kenneth Hume in the sum of approximately Fifty and no/100 ($ 50.00) Dollars."

and as her sole and separate property the bulk of the property transferred to her February 27, 1945; and that appellant and respondent March 20, 1945, thus acquired the following described property:

"Lot three (3) of the Mutual Building and L an...