Can a third party claimant be adjudicated as a party in a divorce action?

California, United States of America


The following excerpt is from Spencer v. Spencer, 252 Cal.App.2d 683, 60 Cal.Rptr. 747 (Cal. App. 1967):

'There are sound reasons [252 Cal.App.2d 687] in policy why the court in an action for divorce should be permitted to adjudicate the rights of third parties in property alleged by one or both of the spouses to be community property. One of the duties of the court sitting as a court of equity in a divorce proceeding is to make an equitable distribution or award of community property, and to provide for the support of the wife. The court can scarcely make a fair distribution or allotment of parcels of community property without determining what property is community. If property alleged by one of the spouses to be community is in fact in whole or in part claimed by third persons, the court should determine as between the spouses whether property is community, or owned by third persons. If a third party claimant cannot be made a party and his rights adjudicated, it may be held in a separate action brought by or against such claimant that he is the owner of the property, with the result that a division of all community property made between the spouses in the divorce action, based on a determination that certain property was owned by them, will be rendered inequitable as between them'.

And in Callnon v. Callnon, supra, 7 Cal.App.2d 676, 680, 46 P.2d 988, 990, the court said:

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