What is the test for establishing that a joint tenancy agreement exists?

California, United States of America


The following excerpt is from Marriage of Hilke, In re, 2 Cal.App.4th 433, 3 Cal.Rptr.2d 333 (Cal. App. 1992):

Since husband and wife took title to the residence as joint tenants, husband "... establishe[d] a prima facie case that the property [was] in fact held in joint tenancy." (Schindler v. Schindler, supra, 126 Cal.App.2d at p. 601, 272 P.2d 566.) The administrator had to show, by clear and convincing evidence, that the joint tenancy deed was not what it purported to be. (Evid.Code, 662; In re Marriage of Weaver (1990) 224 Cal.App.3d 478, 486-487, 273 Cal.Rptr. 696.) She failed to do so. In the absence of rebutting evidence, the joint

Page 336

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