Miller v. Two Investors, Inc.

GUITTARD, Justice.

The question is whether a divorced father’s community interest in a house and lot, which was occupied by his former wife under the terms of a divorce decree until the youngest child reached the age therein specified, may be charged in a subsequent partition suit with taxes paid by her during her occupancy and also with the amount of his past due child support payments. We hold that his interest cannot be so charged.

The facts are stipulated. Homer Manson and defendant Delma Manson, now Mrs. Miller, were divorced on August 3, 1953. The decree awarded Delma the exclusive right…