Kaupe v. Kaupe

Plaintiff wife appeals from a judgment for defendant husband in an action to partition real property.

The property is a dwelling and garage upon one lot in Los Angeles. It cannot be partitioned in kind. It was acquired by plaintiff and defendant about a year after their marriage, by deed to them as joint tenants dated May 19, 1942. On June 29, 1942, plaintiff signed, verified and caused to be recorded her declaration of homestead on said property for the benefit of herself and her husband.

Plaintiff and defendant lived together on the premises from 1942 until July 1951, when plaintiff left and…