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California Community Property Keyed to Carrillo, 11th Ed.
Vallera v. Vallera
Citation:
21 Cal. 2d 681 (1943)Facts
Marian Vallera brought an action for separate maintenance and division of community property, claiming a common law marriage contracted in Michigan on December 16, 1938. The trial court found that plaintiff and defendant never contracted a common law marriage and did not attempt to enter into an agreement to take each other as husband and wife. Beginning in May 1936, plaintiff cohabited meretriciously with defendant, knowing from the beginning that he was married to Ethel Chippo Vallera and under legal disability to marry her. Defendant’s marriage to Ethel was dissolved on December 15, 1938, but neither party learned of the dissolution until November 1939. On July 6, 1940, defendant married Lido Cappello. The trial court found no valid marriage existed and no community property, but held that property acquired between December 16, 1938, and July 6, 1940, was held as tenants in common with each party owning one-half.
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