Louknitsky v. Louknitsky

266 P.2d 910 (1954)

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Nature of the Case

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Facts

H and W resided in China before moving to America. Before W left for America, H executed a document that stated that he had no objection to her leaving and that he had no claim to the money that she had in her possession. H moved to America later. W petitioned for divorce on grounds of cruelty. Neither party provided any evidence about the laws of China and how they differed from California community property law. The court used community property law to determine the nature of the property being disputed. There was substantial evidence that the major portion of the funds available for investment in house that W acquired in her own name when she arrived in America. By tracing and the presumption of earnings during marriage, the funds acquired in China, under the were deemed community property. There was evidence that H has been paying the installments on the purchase price mortgages which she executed upon acquiring the house and lot in San Francisco. W claimed that H's execution and delivery of the letter prior to her departure to America, had the effect of an 'engagement or transaction' or 'contract' between them, as husband and wife, converting into her separate property all of the money and property mentioned. H presented evidence that the letter was to help allow her entry into the U.S. to show that she had enough money to take care of herself. The court found that all property as community, including the home titled in W’s name. W appealed.