In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action?
California, United States of America
The following excerpt is from Marriage of McNeill, In re, 160 Cal.App.3d 548, 206 Cal.Rptr. 641 (Cal. App. 1984):
15 As the actions were consolidated, the court could have ordered return to husband in the civil action, providing jurisdiction for "an alternative judgment, the amount of which is based upon the value of the property which defendant is required to restore." (McDevitt v. Butte City Ranch (1935) 7 Cal.App.2d 252, 254, 46 P.2d 290.)
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