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Addison v. Addison

Supreme Court of California

399 P.2d 897 (1965)

Relevant factsFree

Leona (plaintiff) and Morton Addison (defendant) married in Illinois in 1939 and moved to California in 1949 with about $143,000 in assets titled solely in Morton's name but earned during the marriage. Leona later filed for divorce based on Morton's adultery and sought to divide that property as "quasi-community property" under California Civil Code § 164, since it would have been community property had it been earned in California. The trial court held the statute unconstitutional, and Leona appealed.

IssueFree

Whether a law that treats out-of-state separate property as community property upon divorce, when it would have been community property if acquired locally, is constitutional.

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