BYRD v. BLANTON (1984)

Court of Appeal, Fourth District, Division 3, California.

Lillie Mae BYRD, Cross-complainant and Respondent, v. Jewell BLANTON et al., Cross-defendants and Appellants.

Civ. 30220.

Decided: January 06, 1984

ON DENIAL OF REHEARING

Respondent on petition for rehearing contends this court misinterpreted the law applicable in Strong v. Strong (1943) 22 Cal.2d 540 [140 P.2d 386] by stating, 149 Cal.App.3d 987, on page 991, 197 Cal.Rptr. on page 190, 193, ante, “wife had no present and equal interest” in the community property. However, respondent fails to note the property in Strong was conveyed to husband prior to the adoption of Civil Code section 161a. “The rights of the husband and wife must be measured by the statutes in effect when the property was acquired․” (Id., at p. 543, 140 P.2d 386.) The wife in Strong had no present and equal interest in the community property before the court.

Petition denied.

SONENSHINE, Associate Justice.

CROSBY, Acting P.J., and WALLIN, J., concur.

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