How Title is Taken

Question 1

Marriage of Lucas

Answer 1

Applies in cases involving DEATH of a party

Taking title as joint tenants is presumptively CP. Subjective intent irrelevant

Absent proof of agreement that spouse is to have a SP interest, contribution of one spouse to purchase or improve property is presumed to be a gift

No right of reimbursement, unless parties have so agreed

Question 2

Joint and equal form

Answer 2

When title lists both spouses names (e.g. Mr. and Mrs. Harry Smith, Harry and Wanda Smith as joint tenants, Harry and Wanda Smith)

Triggers Lucas and Anti-Lucas. If not joint and equal form, do not apply!

Question 3

Anti-Lucas Stattue

Answer 3

applies when there is divorce or separation only

ownership: property in joint and equal form PRESUMPTIVELY CP, but allows for rebuttal by: (1) express statement in the deed or other instrument that the property or a portion of it is SP; or (2) written agreement by the parties that the property or portion of it is SP

Reimbursement: Spouse that contributed SP to acquisition or improvement to joint property is entitled to reimbursement w/o interest to DIP (down payment, improvements, or principal payments on mortgage).

No reimbursement for mortgage, taxes, insurance, or maintenance