Wirth v. Wirth

During their decades-long marriage, Mr. Wirth (defendant) separately invested most of his income into a savings program titled in his own name, with Mrs. Wirth's (plaintiff) knowledge, while household expenses were covered by Mrs. Wirth's own income, rental income, and part of Mr. Wirth's earnings. Upon divorcing, Mrs. Wirth claimed half of the savings as community property, arguing a constructive trust should attach since Mr. Wirth was only able to save because her income covered expenses that were legally his obligation. The trial court held the savings were Mr. Wirth's individual property.

Whether, if a spouse acquires property titled in his own name, the property remains his individual property upon divorce unless the other spouse can show fraud in the means by which he kept the property individually titled.