CALIFORNIA FAMILY LAW
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Community Property Issues
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Characterization
.........C/P Presumption Rebutted
8 Cards On This Topic:
Rebutting c/p presumption by tracing.
Spouse's right to reimbursement for s/p contributions to c/p home carries through to other c/p acquired with loan proceeds secured by original home.
W's use of her credit to take legal title to condo in her name for benefit of her parents, who paid mortgage, showed resulting trust in favor of parents.
Incorporation of s/p business during marriage does not equate to an "acquisition."
Community property presumption may be overcome by virtually any credible evidence.
W overcame presumption that car in joint names was c/p. C/P payments ignored as "inconsiderable." (Pre-Civil Code section 4800.1.)
Moneys earned prior to marriage but received after marriage is s/p.
Effect of premarital agreement on c/p presumption.