Legal Opinion
In Re Marriage of Miller
California Court of Appeal
Decided July 19, 1982No. Civ. 24546PublishedCited by 11 opinions
1Opinion of the Court
Opinion
THE COURT. *
Wilbur and Jacqueline Miller were married in 1972 and divorced in 1979. Before marrying Jacqueline, Wilbur contracted to buy a house, using his separate funds for the down payment. Escrow did not close until after the parties married, however, at which time Wilbur and Jacqueline took title as joint tenants. Jacqueline appeals a judgment awarding the house to Wilbur as his separate property, subject to a pro tanto community interest.
Civil Code section 5110 provides: “When a single family residence of a husband and wife is acquired by them during marriage as joint tenants,…
2Cases cited12 opinions
- In Re Marriage of LucasCalifornia Supreme Court · 1980
- Socol v. KingCalifornia Supreme Court · 1950
- Vieux v. VieuxCalifornia Court of Appeal · 1926
- Estate of ReidCalifornia Court of Appeal · 1938
- Blood Relatives of Hill v. Blood Relatives of HillCalifornia Supreme Court · 1914
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re Marriage of JohnsonCalifornia Court of Appeal · 1983
- In Re Marriage of MartinezCalifornia Court of Appeal · 1984
- In Re Marriage of AndersonCalifornia Court of Appeal · 1984
- In Re Marriage of LeverseeCalifornia Court of Appeal · 1984
- In Re Marriage of KahanCalifornia Court of Appeal · 1985
6 more not listed; retrieve them via the Exa API.