Levy v. Joseph

TATE, Judge.

The issue of this appeal is whether certain property acquired by a deceased wife while living separate and apart from her husband was her separate property (and thus inherited by her heirs), or whether instead it is community property and thus devolves to her former husband. The husband’s appeal questions the trial court’s determination that two lots acquired in the wife’s name were her separate property.

The decedent (“Annie”) and the husband (“Louis”) were married in 1941. The evidence shows that they separated in 1946 and never lived together again. Annie died in 1963, intestate…