Does a husband and wife's joint tenancy of a house constitute community property?

California, United States of America


The following excerpt is from Estate of Bachels v. Turner, C073393 (Cal. App. 2014):

residence. All other property describing the parties as husband and wife in the instrument was presumed community property only if the instrument did not express a different intent. The deed specifying ownership as joint tenants was sufficient to create a presumption that the character of the property was as stated in the form of title. (In re Marriage of Lucas (1980) 27 Cal.3d 808, 814 (Lucas), superseded by statute on another point as stated in. In re Marriage of Frick (1986) 181 Cal.App.3d 997, 1015, fn. 10.)4The presumption as to the character of property held by husband and wife arose from the form of the deed, a presumption that could be rebutted by " 'substantial credible and relevant evidence showing the intention, understanding or agreement of the parties.' " (Beck v. Beck (1966) 242 Cal.App.2d 396, 406-407, see also In re Marriage of Wall (1973) 30 Cal.App.3d 1042, 1046.)

Page 7

Other Questions


Can a husband who has established joint tenancies with his deceased wife receive at least one-half of all property in which decedent had a joint tenancy at the time of his death? (California, United States of America)
Does the conclusive presumption apply in a conveyance from a wife to her husband of her interest in a property held by them in joint tenancy? (California, United States of America)
When a husband uses community funds to increase his separate estate, does the community have to participate in the increase in equity in the husband's property? (California, United States of America)
Is a gift by a husband to his wife's interest in a community property, without her consent, a violation of her property right? (California, United States of America)
What is the test for establishing that a husband and wife jointly own community property? (California, United States of America)
In what circumstances will a husband have to pay his wife's attorney's fees in order to divide the community property? (California, United States of America)
Does the word "property" encompass every property right acquired by either husband or wife during marriage? (California, United States of America)
Does the term "inference" or "presumption" apply to a joint tenancy deed between husband and wife? (California, United States of America)
Does a husband have an obligation to pay the wife's attorney fees before the division of the community property? (California, United States of America)
What is the effect of section 5127 of the Ontario Civil Code on a husband's ability to obtain community property from his wife during the course of their marriage? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.