Community Property Presumptions
The default presumption for property acquired during marriage.
What is community property?
The standard of proof to rebut the CP presumption.
What is clear and convincing evidence?
Property titled in one spouse’s name during marriage is still presumed to be this.
What is community property?
This Family Code section codifies the joint title presumption.
What is § 2581?
During marriage, H receives a $100k inheritance and deposits it into a joint account. Over the next year, W uses the account to pay for household expenses, vacations, and a car. At divorce, H claims the inheritance was never transmuted and should remain his SP. What must H do to preserve the SP character?
What is trace using direct or indirect (exhaustion) method?
CP presumption can be rebutted only by this kind of evidence.
What is clear and convincing evidence?
This code section addresses evidentiary presumptions of title in divorce.
What is Family Code § 2581?
H and W bought a car during marriage, registered in H's name alone. At divorce, W claims it’s CP. What presumption applies?
What is community property?
Alex and Jamie bought a house during marriage. Only Alex is on title. At divorce, Alex argues the house is his separate property based on title alone. This is why Jamie’s argument fails.
What is joint title alone is not enough to rebut the community property presumption at dissolution?
In 2000, during marriage, W uses a $75k inheritance to make a down payment on a house titled in both H and W’s names. The mortgage is paid with community earnings. At divorce, W seeks reimbursement. There is no written agreement. H argues the down payment was a gift. What legal principle determines whether W is reimbursed?
What is Family Code § 2640, which allows reimbursement for SP contributions to jointly titled CP unless the SP contribution is deemed a gift or there is a transmutation?
This allows a spouse to establish separate property that has been comingled with community property via documentation.
What is tracing?
When property is jointly titled, this shifts to the spouse claiming SP.
What is burden of proof?
This case governs separate property contributions to jointly titled homes before 1984.
What is Marriage of Lucas?
This Family Code section provides reimbursement for separate property contributions to community property.
What is Family Code § 2640?
H sells a premarital condo and deposits the $120k proceeds into a joint account. Later, H and W use $100k from that account to buy a cabin titled in joint names. H claims the cabin is partially his SP due to the source of funds. W disagrees. What can she argue?
What is that the cabin is presumed CP under the joint title presumption, and without tracing and a written agreement, H cannot rebut the presumption or claim reimbursement under § 2640?
This historic presumption applied when property was acquired in the wife's name only before 1975.
What is the Married Woman’s Separate Property Presumption?
To rebut the CP presumption in joint title, this type of proof is needed.
What is clear and convincing evidence via written agreement or evidence of a different understanding?
After 1984, this is required to rebut the joint title presumption.
What is a written agreement of separate intention?
H used SP funds for the down payment on a jointly titled home in 1981, then made mortgage payments using CP. At divorce in 1982, H seeks reimbursement. Why is it denied?
What is because under Lucas, the SP contribution is presumed a gift to the community absent an agreement to the contrary? (Pre-1984!)
H inherits $150k and places it in a joint account. Later, H and W purchase investment property titled in both names. At trial, H presents bank statements showing the inheritance and argues he is entitled to reimbursement. W points out they always used the account for family expenses. The court denies reimbursement. Why?
What is because H failed to adequately trace the SP and show no transmutation occurred through commingling and conduct; under Lucas and § 2640, reimbursement is only granted when SP can be clearly traced and intent to preserve it is shown.
In a long-term marriage, courts may presume equal contribution to assets even if title is ambiguous via this presumption.
What is the Long-Term Marriage Presumption?
This Evidence Code section says title reflects ownership—unless rebutted.
What is Evidence Code § 662?
In Lucas, a spouse’s separate property contribution to jointly titled property was presumed to be this.
What is a gift to the community?
H and W bought a condo during marriage titled as joint tenants. W used premarital savings for the entire down payment. At divorce, H argues the property is 50/50 CP. What statute and rule support H's claim?
What is Family Code § 2581, which presumes jointly titled property acquired during marriage is CP unless rebutted by a written agreement?
This Family Code section allows reimbursement for SP used toward CP property.
What is § 2640?