Marriage of Smith
Court of Appeal of California
79 Cal. App. 3d 725 (1978)
Relevant factsFree
Sieglinde Smith (defendant) and Wayde Smith (plaintiff) separated in 1975 after about 19 years of marriage. During the marriage, Sieglinde inherited $14,000 and deposited it into a bank account jointly held with Wayde; the funds were used toward a down payment on the Costa Mesa property, a swimming pool at the family residence, and, via Wayde, equipment for the family business. The trial court found all three acquisitions were community property and denied Sieglinde's request for reimbursement of her separate-property contribution. Sieglinde appealed.
IssueFree
Whether, absent an agreement to the contrary, a spouse is entitled to reimbursement for a gift made to the community.