Presumptions

Question 1

1) General Presumption

Answer 1

All property acquired during marriage is presumed CP, rebuttable by tracing or agreement

Question 2

2) Form of title is not conclusive

Answer 2

Interest is key. Title in one spouse alone insufficient w/o more to overcome general presumption

Question 3

3) Married Woman

Answer 3

• Exception to form of title: Title in MW name alone (raise issue if see this) - presumed to be her SP (before 1975). This presumption applies to real and personal property
• Transfer to MW and her husband (named, but not designated as her husband): 3/4 to W, 1/4 to H, unless “as H and W” (because she gets 1/2 as all hers under the married woman’s presumption, but she also has a half interest in his as community property)

Question 4

4) Joint Title (effective Jan ‘87)

Answer 4

• At dissolution, property acquired in joint form presumed CP (e.g. joint tenancy)
• Rebuttable by writing , by express declaration

Question 5

5) Preemption

Answer 5

• Federal law may supersede California CP law (e.g. U.S. bonds, treasury notes, social security)
• Military not preempted

Question 6

6) Exchange Rule

Answer 6

Change in form does not alter the character of the property