Jeannie v. Hamilton v. Robert Earl

LEARY, District Judge: Robert E. Hamilton, while married to appellant, acquired as a gift from his father several parcels
of farm land located in Millard County, Utah, together with a number of shares of water stock and a variety of farm equipment.
Title was recorded solely in his name. Appellant and her husband moved from California to Utah and resided upon and farmed
this property until appellant, disenchanted by the conduct of her husband, commenced an action of divorce against him in May
of 1969. Later in May of that same year appellant returned to California to reside. On December 8, 1969, appellant was awarded an interlocutory decree of divorce and the Court stated that such would be a final
order except as to the real property, including the water stock and equipment that goes with the farm. The decree of divorce
was signed April 14, 1970, and purported to order that the real property standing solely in the name of Robert E. Hamilton,
and other real property owned by the parties and fifth shares of water stock "should remain in joint ownership as tenants
in common until the court, by further order, directs distribution or division of said property." The real property mentioned
in the decree had never been in joint tenancy or co-tenancy. Appellant did not record a lis pendens or a homestead declaration
and was not in possession of the real property after May of 1969.