Presumption Basics
This general presumption applies to all property acquired during marriage in California.
What is the community property presumption under Family Code § 760?
Property held in this form of title by both spouses is presumed to be community property under Family Code § 2581.
What is joint tenancy?
Family Code § 852(a) mandates this requirement for a transmutation to be legally binding.
What is Wise Elephants Make Jolly Cookies and Sing Aloud?
(Written Agreement made, joined, consented by spouse adversely affected)
This statute governs premarital agreements in California.
What is the Uniform Premarital Agreement Act (UPAA)? (FC 1600-1615)
This is the legal effect if spouses orally agree to convert H’s SP condo into CP in 1983 and never reduce it to writing.
What is a valid transmutation — oral agreements were allowed before Jan. 1, 1985?
This standard of evidence is required to rebut the community property presumption for assets acquired during marriage.
What is clear and convincing evidence?
To rebut the joint title presumption, a spouse must provide this type of evidence or agreement under Family Code § 2581.
What is a written agreement or clear and convincing evidence of separate property intent?
Under § 852(c), a gift of this type of property does not require a formal writing to be a valid transmutation.
What is tangible articles of a personal nature (clothing, furniture, jewelry) not substantial in value compared to circumstances of marriage?
Two types of clauses that are unenforceable in prenups.
What is child custody and child support?
A spouse cannot rely on this document alone as evidence of transmutation before the death of the testator.
What is a statement in a will (Fam Code § 853(a))?
This presumption applies to property acquired by a married woman before 1975 in her name alone, distinguishing it from community property.
What is the Married Woman’s Special Presumption ?
If community funds are used to purchase property titled in one spouse’s name alone, this presumption governs unless rebutted by tracing.
What is the community property presumption under Family Code § 760?
W buys a luxury car in H’s name during marriage, paid entirely with her SP. Title is in H’s name alone. No writing exists. H claims it’s a gift.
What result under § 852?
What is no valid transmutation (trash)— the gift exception does not apply because the car is substantial in value and not a personal article?
What is 1615(c)? 7VICWL
7 days
voluntary
independent counsel
without language barrier
In a dissolution proceeding, H argues he’s entitled to reimbursement for SP contributions to W’s separate condo (titled in her name only). There’s no writing. What is the most likely outcome?
What is no reimbursement — § 2640 applies only to jointly titled community assets, not SP held by one spouse?
When commingled funds are used to purchase an asset during marriage, this presumption determines its character unless tracing proves otherwise.
What is the community property presumption, requiring direct or indirect tracing to establish separate property?
In In re Marriage of Lucas (1980), how was a jointly titled home treated at death?
What is community property with no reimbursement for SP unless in writing?
This is the primary policy reason behind the strict writing requirement of § 852(a).
What is to prevent fraud, undue influence, and inadvertent changes in property characterization between spouses?
For spousal support waiver to be enforceable, what must it be?
Not unconscionable at the time of enforcement.
This is the order of presumptions and burden shifts when H takes title in his name alone to a property bought during marriage with community funds.
1. CP presumption (Fam Code § 760);
2. Spouse claiming SP must rebut with tracing or evidence of valid transmutation under § 852;
If a couple moves to California with property acquired in a common law state, this presumption applies at divorce, but only if the property would have been community property had it been acquired in California
What is the quasi-community property presumption, treating such property as community property for division purposes at divorce?
W uses $100k of her SP as a down payment on a home titled “H and W, joint tenants” during marriage. No writing exists. Upon divorce, what is W entitled to under Anti-Lucas?
What is a dollar-for-dollar SP reimbursement per FC 2640 only if she can trace it, but not a proportional ownership interest?
In a divorce, W claims H transmuted the rental home to her SP when he said “This place is yours now” and let her put her name alone on the deed. No writing. Result?
What is no valid transmutation — oral statements and conduct are insufficient under § 852; a signed express declaration is required?
Family Code § 1615(c)(2) requires this time period between presenting and signing a premarital agreement to ensure voluntariness, unless waived in writing.
What is the 7 day waiting period?
In In re Marriage of Bonds (2000), the court upheld a premarital agreement despite this procedural concern, finding sufficient evidence of informed consent.
What is the absence of independent counsel for one spouse?