Nolan v. Sandlin

LOBRANO, Judge.

In this appeal we are called upon to decide the jurisdictional issue of a community property partition. Ruth Sandlin Nolan filed a petition to partition community property, particularly Military Retirement Benefits, against her former husband Harry J. Nolan. The trial court upheld Harry Nolan’s exception to the Court’s jurisdiction over his person. The former wife perfects this appeal.

The record shows that the parties were married on July 7, 1951 in San Diego, California. At that time Harry Nolan was on active duty in the United States Marine Corps, but was domiciled in the…