Presumptions inferred from Title (CP)

Question 1

Married Women’s special presumptions (MWSP)

Answer 1

Property acquired by a married woman, in writing, prior to 1975, is presumed to be her SP.
MW and 3rd party: Property acquired by her and a 3rd person results in tenancy in common.
MW and her spouse: Property acquired by her and her spouse is presumed CP.
MW and Spouse, but not taken in joint tenancy form, and not as husband and wife or Mr & Mrs. (property is 1/2 W SP and 1/2 CP)

Question 2

Lucas Statutes

Answer 2

At death and prior to 1984, all jointly held title by H and W is presumed to be CP with no right to reimbursement to SP without an agreement to the contrary. In other words, a gift from the SP to the CP is presumed.
In cases involving death of one party, Lucus is still the law. So surviving spouse has no separate property interest, unless she can establish that there was an agreement that the spouse was to have SP interest or was to be reimbursed.

Question 3

Anti Lucas I

Answer 3

1/1/1984-12/31/1996: Property titled as joint tenants by H and W is presumed to be CP, unless there is a clear statement in the deed or written agreement that the property is separate property, with reimbursement.

Question 4

Anti-Lucas II

Answer 4

1/1/1987 on, any jointly held title by husband and wife is presumed CP, unless there is clear statement and written agreement in the deed or written agreement, that the property is separate property; with reimbursement

Question 5

Reimbursements

Answer 5

SP reimbursements (whether applicable though an agreement or anti-Lucas) are only allowed for expenditures made for Down payments, payments for Improvements, and Payments for the principal of a loan.
{DIP}
No reimbursement for interest on mortgage, taxes, insurance or maintenance.

Question 6

Pro-ration rule for installment purchases made pre-marriage; debt paid down with CP post marriage

Answer 6

community estate takes a pro rata portion of the property measured by the amount (percentage) of principal debt reduction attributable to the expenditure of community funds:
numerator: principal debt reduction attributable to CP
denominator: purchase price
fraction is amount of CP the asset is. Only measures the amount of principal debt reduction attributable to Community funds, not mortgage, interest, property, taxes or insurance.

Question 7

Rule for term life insurance policies

Answer 7

the funds used to pay the last premium determines the character of the funds.

Question 8

Does expenditure of CP funds by one spouse own SP house change the character of the asset?

Answer 8

No, but spouse can claim for reimbursement of the funds on divorce. Spouse gets the greater of the CP funds expended or increase in value attributed to the expenditure.

Question 9

Does expenditure of CP fund by one spouse on other spouse’s house change the character of the asset?

Answer 9

No, split of authority.

1. No reimbursement- presumption of gift can only be overcome by evidence of an agreement to reimburse CP
2. Reimbursement- Other cases rejected presumption of gift and granted reimbursement.

Question 10

What about where SP is used to improve jointly held CP?

Answer 10

In divorce proceeding, the party who expended SP would get reimbursement (without interest) for DIP (down payment, improvements. and principal payments)