CALIFORNIA FAMILY LAW
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Community Property Issues
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Specific Assets
.........Bank Accounts
9 Cards On This Topic:
After 1/1/84, Prob. Code §5305 and Fam. Code §2581, Fam. Code §2640 control characterization of bank accounts.
Deposits to joint bank accounts during marriage are presumed c/p.
Altering interests in multiple party bank accounts.
Character of funds on deposit in a joint bank account is controlled by Prob. Code §5305, not Fam. Code §2581.
Soon-to-be-ex fiancée had full right to withdraw funds from joint tenancy bank account; fiancé had no reimbursement rights and no gift intended.
Presumption of title (Lucas) applies to joint bank accounts. (Pre former Civ. Code §4800.1.)
S/P funds in joint account held to be c/p. (Pre former Civ. Code §4800.1.)
Depositing funds into joint bank account creates presumption that funds were joint. (Pre former Civ. Code §4800.1.)
Depositing s/p funds into joint bank account creates presumption of gift.