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Cal. Fam. Code § 2581

PRESUMPTION CONCERNING PROPERTY HELD IN JOINT FORM

Applied in 15 court decisions — leading case 33 Cal. App. 4th 277 - In Re Marriage of Haines (1995)

Most recently applied in Brace v. Speier (In re Brace) (November 2018)

Added by Stats. 1993, Ch. 219, Sec. 111.7

How often courts cite this section

199520002010201820
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

For the purpose of division of property on dissolution of marriage or legal separation of the parties, property acquired by the parties during marriage in joint form, including property held in tenancy in common, joint tenancy, or tenancy by the entirety, or as community property, is presumed to be community property. This presumption is a presumption affecting the burden of proof and may be rebutted by either of the following:

(a) A clear statement in the deed or other documentary evidence of title by which the property is acquired that the property is separate property and not community property.

(b) Proof that the parties have made a written agreement that the property is separate property.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.