Constance v. Constance

PHILLIPS, Chief Justice.

The sole question before this Court is whether reference to the disposition of certain community property in the “opinion” or “findings” portion of a decree of divorce and not contained in the decretal part of the decree is an adjudication of ownership of that property.

Appellant and appellee were married in September, 1952, and lived together as husband and wife until April 6, 1967, when they were divorced. Appellee served in the U. S. Army and completed 20 years’ service thus becoming eligible for retirement in February, 1965. He did not actually retire until May 1,…