Rozan v. Rozan

49 Cal. 2d 322 (1957)

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Nature of the Case

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Facts

W brought this action for divorce, support, custody of their minor child, and division of their community property. H and W resided in Colorado, until May 19, 1948. In January of that year, they learned that W was pregnant. They had a letter from H's sister-in-law inviting W and D to live with her and stating that she would take care of W and give her a good home until H made a fresh start in life. H and W agreed that W would live with H's sister in Los Angeles. W left for Los Angeles, and that day or the next, and H left for Canada. In July 1948, H came to Los Angeles. They lost everything around this time frame, and they had properties but no income. They lived in Canoga Park from August 1948 until December 1949. They then bought a house in San Gabriel. H traveled H had considered this his residence since 1948. They purchased real property in North Dakota from monies made in Canada as an oil operator. The court determined the Dakota property was community property and awarded W 65%. It granted the divorce on the ground of extreme cruelty, awarded W the custody of the minor child, ordered H to pay $75 per month for child support, $250 per month for W's support, and $12,500 for attorney's fees. H appealed.