Winn v. Winn
Idaho Supreme Court
673 P.2d 411 (1983)
- Written by Tammy Boggs, JD
Facts
In 1972, Virgil Winn (plaintiff) and Alfreda Winn (defendant) married. The Winns purchased a home for about $27,000. Virgil used approximately $3,300 of his separate funds to make an earnest-money deposit and down payment. The remainder of the home was purchased through a loan (the note) secured by a deed of trust on the house. Both spouses signed the note and the deed. All debt payments were made from Virgil’s separate funds. The Winns lived together in the home until their separation in early 1977. Virgil filed for divorce and sought to establish that the home was his separate property. The trial court found that the home was community property and, further, that Virgil was entitled to reimbursement from the community for his separate-property payments. Virgil appealed, arguing that the home was purchased with his separate property, including the loan proceeds. The Idaho Supreme Court considered the matter.
Rule of Law
Issue
Holding and Reasoning (Huntley, J.)
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