CALIFORNIA FAMILY LAW
...Community Property Issues
......Characterization
.........Presumption of Title
 15 Cards On This Topic:
  • Property acquired during marriage in joint form presumed c/p absent writing to contrary.
  • Presumption of title statute.
  • Community property presumption explained.
  • Evid. Code §662 does not apply when it conflicts with the Fam. Code §760 community property presumption.
  • Unless statutory transmutation requirements met, life insurance policy purchased with c/p during marriage remains c/p after divorce; EC 662 title presumption does not apply when it conflicts with F/L transmutation statutes.
  • The default rule is form of title controls at death, not the community property presumption.
  • Property acquired during marriage in name of one spouse is presumed s/p per EC 662; burden is on grantee to overcome presumption by C&CE of an agreement or understanding to the contrary.
  • Where common law presumption of title and c/p presumption of undue influence conflict, applying EC 662 title presumption improper.
  • Presumption based on fiduciary duty must always prevail over presumption based on record title.
  • Proper presumption to apply to property titled in name of one spouse, acquired during marriage while domiciled in Cal., is that it is former Civil Code section 5110 c/p presumption.
  • Presumption of title not overcome, despite H and W's agreement that property was her s/p. (Action to avoid child support lien by H's former wife.)
  • Putting W's name on title to property found to be gift to her. Reasons other than pure affection do not rebut donative intent.
  • Effect of title on c/p presumption.
  • Effect of title on oral transmutation claim.
  • Property acquired during marriage in joint form presumed c/p absent writing to contrary.


    •