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DID YOU KNOW BY ATTORNEY F.M. ZAVALA

Title, or record ownership, of property may be a relevant consideration in characterizing property acquired during marriage as separate or community. The form of title presumption yields to the community property presumption. In re Brace (2020) 9 Cal. 5th 903, 924, 266 Cal. Rptr. 3d 298.


A transmutation “is not valid unless made in writing by an express declaration that is made, joined in, consented to, or accepted by the spouse whose interest in the property is adversely affected.”


The characterization of property acquired in joint form is governed by the comprehensive language of Family Code section 760: “Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state [****37] is community property.”


Family Code section 760 does not permit the community property presumption to be rebutted simply by the manner in which a married couple takes title.

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