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California Community Property Keyed to Carrillo, 11th Ed.
Marriage of Stitt
Citation:
147 Cal. App. 3d 579 (1983)Facts
Before marriage, Richard and Ida Mae Stitt entered into an express oral agreement to live together and combine their efforts and earnings, agreeing to equally own property acquired. They purchased unimproved property on Hageman Road, with Richard contributing $3,600 toward the $7,250 purchase price, though title was taken in Ida Mae’s name as an unmarried woman. Ida Mae obtained a $36,000 construction loan in her name and built a house on the property. After moving in together, they married and Ida Mae deeded the property to both as joint tenants. Two and a half years later, they deeded the property back to Ida Mae “as an unmarried woman” in preparation for her trial on embezzlement charges, with Richard believing his ownership interest would be restored after the trial concluded. Throughout this time, loan payments were made from their joint account, and Richard performed improvements on the property. Ida Mae was subsequently convicted of embezzlement from her employer Zingo’s, Inc., and incurred substantial attorney fees for her civil and criminal defense.
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