Tomaier v. Tomaier

Early in 1940 plaintiff Charles Tomaier brought suit against defendant Mildred Tomaier, seeking a divorce and an appropriate division of the community property. The complaint listed as community property real estate in Mojave, California, and in Kansas City, Missouri, stating that this land was “held in joint tenancy.” Plaintiff was granted the divorce on the ground of extreme cruelty. (See Civ. Code, sec. 146.) The court found that all of this property was community property and awarded a substantial part of it to plaintiff. The District Court of Appeal reversed that part of the judgment…