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California Community Property Keyed to Carrillo, 11th Ed.
Horsman v. Maden
Citation:
48 Cal. App. 2d 635 (1941)Facts
Emile and Marcella Maden married in 1914 and acquired real property, stocks, and bonds as community property during their marriage. In late 1933, domestic difficulties arose when Emile became interested in another woman. Marcella removed securities from their joint safe deposit box and withdrew approximately $8,500 from joint bank accounts, leaving a note expressing her love and desire to protect Emile. The parties attempted reconciliation through a three-month cruise to the Orient but ultimately separated. Disputes arose over Marcella’s support, and she threatened to bring suit and create a scandal unless securities were transferred to her name so she could receive dividends directly. In October 1934, Emile endorsed the securities and permitted Marcella to retain them, agreeing to pay her $100 monthly from his salary. In 1935, he executed a deed to their home in her favor but told her not to record it; she recorded it in 1937 anyway. The parties never divorced, and Emile made a will shortly before his death declaring all property to be community property.
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