CALIFORNIA FAMILY LAW
...Community Property Issues
......Characterization
.........C/P Presumption Rebutted
8 Cards On This Topic:
  • Rebutting c/p presumption by tracing.
  • Spouse's right to reimbursement for s/p contributions to c/p home carries through to other c/p acquired with loan proceeds secured by original home.
  • W's use of her credit to take legal title to condo in her name for benefit of her parents, who paid mortgage, showed resulting trust in favor of parents.
  • Incorporation of s/p business during marriage does not equate to an "acquisition."
  • Community property presumption may be overcome by virtually any credible evidence.
  • W overcame presumption that car in joint names was c/p. C/P payments ignored as "inconsiderable." (Pre-Civil Code section 4800.1.)
  • Moneys earned prior to marriage but received after marriage is s/p.
  • Effect of premarital agreement on c/p presumption.