This section contains the nature of the case and procedural background.

F brought this action for separate maintenance and a division of community property. F relied on an alleged common law marriage contracted in Michigan on December 16, 1938. M denied the allegations and alleged that his relations with F were illicit. F and M were in a meretricious relationship for three years. The trial court found that they did not contract a common law marriage. It found they did enter into an agreement to take each other as husband and wife. Between January 1933, and December 15, 1938, M was married to Ethel Chippo Vallera, and F knew. Also, on July 6, 1940, M entered into a valid marriage with Lido Cappello. The court found F and M had never been husband and wife, and F was not entitled to maintenance and that there was no community property. It held all the property acquired was held as tenants in common; each owning an undivided one-half thereof. M appealed from this part of the judgment; F could not acquire the rights of a cotenant in property acquired by him during the period of illicit cohabitation.

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