Hobbs v. Hobbs
| Decision Date | 09 April 1949 |
| Docket Number | 7444 |
| Citation | 204 P.2d 1034,69 Idaho 201 |
| Parties | HOBBS v. HOBBS |
| Court | Idaho Supreme Court |
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.
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, which application was granted. The supplemental complaint alleged community property as follows:
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 Association Subdivision of Block seven (7) of the City of Twin Falls, Idaho according to the official plat thereof on file and of record in office of the County Recorder of Twin Falls County, Idaho, and that the plaintiff herein contributed to the purchase of said home the sum of Three Thousand and no/100 ($ 3000.00) Dollars from her sole and separate estate and that there was contributed by the community to such purchase price the sum of Three Thousand Five Hundred and no/100 ($ 3500.00) Dollars, and that in addition to the said sum of Three Thousand Five Hundred and no/100 ($ 3500.00) Dollars so paid on account of the purchase price of said real estate that the plaintiff has made further payments on account of said purchase price from her sole and separate estate in the sum of Forty-five and 98/100 ($ 45.98) Dollars per month for the months of June, July and August, 1945, and that no further payments have been made thereon by either plaintiff or defendant."
and reiterated the former acts of appellant's claimed adultery and subsequent commissions during the months of April and May; that appellant withdrew $ 2,000.00 community funds from the Twin Falls Bank and Trust Company when he filed his divorce action; and asked for suit money and attorney's fees.
The answer denied that any of the property was the sole and separate property of respondent, but that the above transfers were made in furtherance of the attempted reconciliation, and alleged various other and exculpatory and affirmative defenses and countercharges, and asked for a divorce because of cruelty.
Following various intermediate orders, upon an ensuing, hard-fought trial, fraught with crimination and recrimination, the court granted respondent a divorce and found the property conveyed by appellant to her, and the property purchased March 20 1945, was her sole and separate property; that the only community property consisted of one 1941 Plymouth automobile; that the income from the property, both community and separate, was not sufficient to support and maintain respondent in the manner she had been accustomed to being supported and maintained by appellant, or compensate her for the humiliation...
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