Austin v. Austin

190 Cal.App.2d 45 (1961)

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Nature of the Case

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Facts

Judgment was entered awarding W a divorce, the custody of three minor children, support money, determining all the property of the parties except the family home to be community property and making a division of the same. The property consisted of a family residence, household furniture and furnishings, 298 shares of the capital stock of J. R. Austin Company, a corporation, and H's interest in the company, insurance policies, stocks, bonds, bank accounts, and savings accounts. H contends that it was established without conflict in the evidence that all said property was his separate property with the exception of the home of the parties which was in joint tenancy. H and W married on March 1, 1945. Both were in the employ of a shipyard company, W as a clerical worker, H was a superintendent. They combined their earnings in an amount that was not disclosed by the evidence. W had savings bonds of the value of about $200. H had assets which he stated to W to be worth $8,000 and which he testified were of the value of about $11,000. In November 1945, H purchased a half interest in a partnership in a welding business in Pasadena for an amount which he stated at the time was $1,800 but which he testified was $2,700. H withdrew the monies from the community bank account. Both parties devoted their attention and efforts to the operation of the business until W gave birth to her first child. Eventually, H's father acquired the other interest in the company. The business was incorporated in 1948; H owns 298 shares of the capital stock; his father owns 123 shares but was not shown to have been active in the business. H appealed. H claims the monies to purchase the shares came from separate funds.