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					Robinson v. Robinson → p. 541 Facts o o o o o o

D = wife P = husband Divorce action Trial court ordered that the husband pay wife $12.50/month and awarded her a life estate in the property Wife specifically alleged that the real estate in question was the separate property of the husband Husband appealed

Issue o Does the court have the power to divide the separate property of a spouse in a divorce action? Rule o The power of the court in disposing of the property of the parties in a divorce action is limited to their community property Holding o Reversed Analysis o The court found that there was never any question that the real estate was the separate property of the husband, and found that the court was without jurisdiction to create a life estate for the wife out of the husband’s separate property


				
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