CALIFORNIA FAMILY LAW
...Family Residence/Real Property
......Presumption of Title
.........Pre-1/1/84 Acquisition
............Not Overcome
 8 Cards On This Topic:
  • Residence acquired in joint tenancy during marriage is c/p absent agreement or understanding to contrary.
  • Property held as "husband and wife" presumed c/p, absent agreement or understanding to contrary.
  • Agreement or understanding necessary to overcome presumption of joint ownership when property purchased using real property sales contract, as opposed to note and deed of trust.
  • Intent to protect W upon H's death does not constitute agreement or understanding that joint tenancy property remain H's s/p.
  • No reimbursement (pre-1984) for s/p contributions to acquisition of joint tenancy residence absent agreement or understanding.
  • Placing W's name on title to property found to be gift to her. Reasons other than pure affection do not rebut donative intent.
  • Presumption of title may not be overcome by tracing or secret intention of one of parties.
  • W's name as partner on liquor license raised presumption that she had interest in tavern.


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