Vieux v. Vieux

80 Cal.App. 222 (1926)

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Nature of the Case

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Facts

Shortly before marriage H and W considered the purchase of lot 24 and together viewed the property. Prior to the marriage, H entered into a contract for the purchase of the property and paid the sum of $280.00 on account of the purchase price and immediately took possession. H and W married, and they expended community funds for the payment on account of principal, interest and taxes, the sum of $553.68. H received the sum of $2200.00 as payment for a bonus for the execution of an oil lease on the property. That sum was paid on the balance of the purchase price. H then executed and delivered a deed of conveyance to his parents, Aristide Vieux and Stephanus Vieux. H received no consideration from his parents for the execution and delivery of the deed but said conveyance was for the purpose of getting the property out of his name and avoiding any claim or right which W might have in the property. The court found that W had no right, title, or interest in and to the real property. W was entitled to recover from H the sum of $713.60, the value of the community property in the possession of H. W appealed.