CALIFORNIA FAMILY LAW
...Community Property Issues
......Specific Assets
.........Bank Accounts
9 Cards On This Topic:
  • After 1/1/84, Prob. Code §5305 and Fam. Code §2581, Fam. Code §2640 control characterization of bank accounts.
  • Deposits to joint bank accounts during marriage are presumed c/p.
  • Altering interests in multiple party bank accounts.
  • Character of funds on deposit in a joint bank account is controlled by Prob. Code §5305, not Fam. Code §2581.
  • Soon-to-be-ex fiancée had full right to withdraw funds from joint tenancy bank account; fiancé had no reimbursement rights and no gift intended.
  • Presumption of title (Lucas) applies to joint bank accounts. (Pre former Civ. Code §4800.1.)
  • S/P funds in joint account held to be c/p. (Pre former Civ. Code §4800.1.)
  • Depositing funds into joint bank account creates presumption that funds were joint. (Pre former Civ. Code §4800.1.)
  • Depositing s/p funds into joint bank account creates presumption of gift.