Does the common law presumption regarding form of title conflict with the statutory presumption that property acquired during the marriage is community property?

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):

This case presents a troublesome aspect of family law. Here, the common law presumption regarding form of title clashes with the statutory presumption that property acquired during the marriage is community property. The problem is exacerbated when marital property is held in joint tenancy because "... a community estate and a joint tenancy estate cannot exist at the same time in the same property." (Schindler v. Schindler (1954) 126 Cal.App.2d 597, 601, 272 P.2d 566.)

Other Questions


Does a spouse's property acquired during marriage while domiciled in a common law state lose its character as separate property of the acquiring spouse? (California, United States of America)
When a judge refers to "common sense, common-sense, popular parlance" or "common-sense", does this mean that the judge must be able to rely solely on common sense or common- sense? (California, United States of America)
When a city acquires a water system from a community owned by another community, does it have an obligation to continue providing water to all of the other community's residents? (California, United States of America)
What is the test for splitting the community property and the quasi-community property in a divorce action? (California, United States of America)
Does the word "property" encompass every property right acquired by either husband or wife during marriage? (California, United States of America)
Can a title company be held liable for a defect in title under a policy of title insurance? (California, United States of America)
What is the common law and statutory right of publicity regarding the use of a person's name? (California, United States of America)
When a husband uses community funds to increase his separate estate, does the community have to participate in the increase in equity in the husband's property? (California, United States of America)
What is the effect of section 5127 of the Ontario Civil Code on a husband's ability to obtain community property from his wife during the course of their marriage? (California, United States of America)
How does the prosecution in a civil case establish that there is a connection between a group of individuals with a common name, common identifying symbols and a common enemy? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.