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eBook details

• Title: Arene Gardner v. Vern Gardner
• Author : Court of Appeals of Idaho
• Release Date : January 26, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

This divorce case, tried in the magistrate division, presents us with the narrow question of whether a loan, obtained upon a promissory note signed by both the husband and the wife but secured by the husbands separate property, is the husbands separate debt or is a community debt. The magistrate held that "[although] the [loan] . . . was secured by [the husbands] separate property, the evidence indicates that that debt was a community debt in that both parties signed the promissory note, agreed to borrow the money, and borrowed it for a general community purpose." The wife appealed and the district court reversed. The district Judge concluded that there was "insufficient evidence to justify the Conclusion that the . . . mortgage was a community obligation." The husband then appealed to us. We affirm the district courts order in part, vacate it in part and remand for further proceedings.

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