2. Presumptions of Title

Question 1

State the married women’s special presumption… what are the three scenarios to look for?

Answer 1

The general rule is that property acquired during a marriage is CP. But there is an exception to the rule if written title was taken solely in a married woman’s name before 1975, it is presumed SP.

(1) to married woman alone; (2) to married woman and husband (but doesn’t state “joint title”) (3) to married woman and 3rd party.

Question 2

Married women’s exception - to husband and wife - what’s the calculation?

Answer 2

1/2 = community property
1/2 = special property (basically, she’s getting 75%)

Question 3

Exception to the married women’s rule?

Answer 3

To rebut husband must show (1) purchase made with CP funds and (2) intent was not to gift to wife

Question 4

State four types of “joint and equal” title?

Answer 4

(1) community property title –> fair game for creditors

(2) joint tenants - must say JOINT TENANTS –> means right of survivorship (SP of each, creditor can’t touch another spouse’s half)

(3) community title with right of survivorship –> credit can touch (because CP) but when one rights, all goes to the other

(3) tenants in comment - in their names, says nothing else

Question 5

What is the “joint and equal presumption”

Answer 5

There is a strong presumption (stronger than the general CM presumption) that title taken jointly and equally is held equally (50/50). A spouse cannot trace back to their SP contribution, unless there is an express agreement to that effect.