Smith v. Idaho State University Federal Credit Union

SWANSTROM, Judge.

Idaho State University Federal Credit Union appeals from summary judgment in favor of L. Jean Smith. The issues on this appeal center around the court’s finding that certain deposits with the Credit Union were Jean’s separate property and were not subject to a security interest claimed by the Credit Union for loans made to Jean's husband, Alfred. We hold that the court erred in awarding summary judgment to Jean. We reverse and remand.

Alfred and Jean were husband and wife from 1971 to November 1, 1978, when they were divorced. During this marriage monies were deposited with…