(Download) "Carol v. Griffin v. William A. Griffin" by Court of Appeals of Idaho No. 13728 ~ Book PDF Kindle ePub Free
eBook details
- Title: Carol v. Griffin v. William A. Griffin
- Author : Court of Appeals of Idaho No. 13728
- Release Date : January 16, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
In this appeal we take the third judicial look at the division of property in a divorce case. The magistrate who tried the property issues determined that a residence called the Vallejo property was the separate property of the husband. The wife appealed to the district court contending the magistrate should have found the Vallejo property to be community property, either under the theory that it had been acquired and improved largely by the expenditure of community funds and the labor of the parties, or because its character had been transmuted from separate to community. The district court reviewed the record, affirmed the magistrate's decision, and awarded attorney fees to the husband on appeal. The wife appealed again. We affirm, except as to the award of attorney fees. In February, 1975, William Griffin entered into a contract to purchase the Vallejo property, paying $1,000 down and agreeing to pay $260 monthly. At the time of purchase a partially completed home was on the property. Appellant and respondent, although not married, were living together at a different location. Both parties contributed their labor in fixing up the Vallejo property. In May, 1976, the parties were married. Each continued to work on the Vallejo property, and in September, 1976, they moved onto the property. The house at that point was habitable but not completed. In September the property was refinanced by a $35,000 loan. The loan application was signed by both parties and it stated that title to the property would vest in the names of both as joint tenants. A note and deed of trust were signed by both parties and both were liable for the loan. William Griffin's contract was paid off by the lender, and the seller's deed, dated February 5, 1975, naming William Allen Griffin, a single person, the grantee, was recorded. Thereafter record title to the property remained in the husband's name. The parties made payments on the loan from community funds, and both worked toward finishing the property. In 1977 the husband spent approximately $8,000 of his separate funds in improvements.