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Vieux v. Vieux

Court of Appeal of California

251 P. 640 (1926)

Relevant factsFree

Mr. Vieux (plaintiff) bought a lot before marrying Mrs. Coralyn Vieux (defendant) with a $280 down payment; after marrying, the couple together paid an additional $553.68 on the property, part of $713.60 in total community-property funds the marriage generated. While still married, Mr. Vieux used $2,200 in oil-lease proceeds from the lot itself to pay off the remaining balance, then transferred the property to his parents by gift specifically to defeat any claim against it, before filing for divorce. The trial court found the lot was entirely Mr. Vieux's separate property and awarded Mrs. Vieux only half of the $713.60 in community funds; she appealed.

IssueFree

Whether real property purchased by an individual spouse before marriage and paid off in installments partially with separate-property funds and partially with community-property funds is wholly the separate property of that spouse.

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