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Louknitsky v. Louknitsky

Court of Appeals of California

266 P.2d 910 (1954)

Relevant factsFree

After Olga Louknitsky (plaintiff) moved to California about ten months before her husband Vladimir (defendant), she purchased a home titled solely in her own name; while still in China, Vladimir sent money directly to Olga, and after arriving in California he continued making the monthly mortgage payments on the property. In their divorce proceeding, the trial court, applying California community-property law (no evidence of differing Chinese law having been presented), found the California home - despite being titled only in Olga's name - was community property, and Olga appealed that finding.

IssueFree

Whether the presumption that an asset purchased with community-property funds and titled in the name of one spouse is separate property applies if the other spouse is unaware the asset has been individually titled.

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