Suchan v. Suchan , 106 Idaho 654 ( 1984 )

SHEPARD, Justice,

specially concurring.

I concur with the majority opinion, but in part for reasons beyond those enunciated by the majority. In my view, not only does the execution of the agreement by the parties bear on the question of transmutation, but also other actions of the parties can be construed to reach the same effect. Here, although the legal ownership of the farm property was for some time in the name of the parents of the defendant-husband, as indicated by the majority opinion, the parties invested very substantial moneys and labor in that property and, in my opinion, treated it and considered it as community property. Hence, the fact that the ultimate legal title was placed in the name of the defendant is immaterial and the earlier actions of the parties would result in an effective transmutation into the status of community property.

As to part III of the majority opinion dealing with attorney’s fees on appeal, I point out further that, rather clearly, each party obtained very substantial property as a result of the divorce and each is clearly able to bear his or her own attorney’s fees.