Spencer v. Spencer

From a decree granting her a divorce at the fault of her husband and awarding a division of property, plaintiff in error, defendant below, has appealed, contending that under the pertinent provision of statute, 12 O.S. 1941 §1278, the trial court erred in awarding to defendant in error, plaintiff below, any part of the property involved.

When a divorce is granted by reason of the fault of a spouse, the other is entitled to restoration of all property acquired prior or subsequent to the marriage insofar as disposition of it has not been made. But as to property jointly acquired during…