Benner v. Benner

The marriage of Estelle and Gordon M. Benner was terminated by entry of a decree of divorce on May 1, 1970, in Seattle, Washington. Neither party appealed. On December 14, 1971, Gordon M. Benner petitioned for partition of the parties’ property in accordance with the decree of divorce. The trial court found as a fact:

That had division of the properties been effected on the date of the entry of the decree herein, May 1, 1970, each of the parties would have had (exclusive of household furnishings) money and assets of the value of $8,561.97, before allocations for attorney fees and costs.

Finding…