Part 3PRESUMPTION CONCERNING PROPERTY HELD IN JOINT FORM

Section § 2580

Explanation

This law declares that California wants a clear and consistent way to figure out who owns what property in a marriage when it's held in both spouses' names. In the past, it has been confusing for spouses and lawyers to determine whether such property is community or separate due to different methods and laws. To fix this, California mandates that certain rules apply uniformly to all jointly-held property, regardless of when it was acquired. However, if there was a settlement or judgment made before specific dates in 1987, those older decisions still rule.

The Legislature hereby finds and declares as follows:
(a)CA Family Law Code § 2580(a) It is the public policy of this state to provide uniformly and consistently for the standard of proof in establishing the character of property acquired by spouses during marriage in joint title form, and for the allocation of community and separate interests in that property between the spouses.
(b)CA Family Law Code § 2580(b) The methods provided by case and statutory law have not resulted in consistency in the treatment of spouses’ interests in property they hold in joint title, but rather, have created confusion as to which law applies to property at a particular point in time, depending on the form of title, and, as a result, spouses cannot have reliable expectations as to the characterization of their property and the allocation of the interests therein, and attorneys cannot reliably advise their clients regarding applicable law.
(c)CA Family Law Code § 2580(c) Therefore, a compelling state interest exists to provide for uniform treatment of property. Thus, former Sections 4800.1 and 4800.2 of the Civil Code, as operative on January 1, 1987, and as continued in Sections 2581 and 2640 of this code, apply to all property held in joint title regardless of the date of acquisition of the property or the date of any agreement affecting the character of the property, and those sections apply in all proceedings commenced on or after January 1, 1984. However, those sections do not apply to property settlement agreements executed before January 1, 1987, or proceedings in which judgments were rendered before January 1, 1987, regardless of whether those judgments have become final.
joint title property spouse property interests community property separate property property characterization property allocation spousal property property settlement agreements civil code property in marriage standard of proof date of acquisition case law consistency legal expectations property agreements
(Amended (as added by Stats. 1993, Ch. 219) by Stats. 1993, Ch. 876, Sec. 15.2. Effective October 6, 1993. Operative January 1, 1994, by Sec. 37 of Ch. 876.)

Section § 2581

Explanation

This law explains how property is divided when a marriage ends in California. It says that any property the couple got while they were married is considered shared, or 'community property,' even if it's owned together in different ways like tenancy in common or joint tenancy. To prove it's not shared property, there must be a clear note in the property title saying it's separate, or the couple must have a written agreement saying it's separate property.

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)CA Family Law Code § 2581(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)CA Family Law Code § 2581(b) Proof that the parties have made a written agreement that the property is separate property.
community property marriage dissolution legal separation tenancy in common joint tenancy tenancy by the entirety burden of proof property title separate property documentary evidence written agreement property division joint form property marital property rebutting presumption
(Added by Stats. 1993, Ch. 219, Sec. 111.7. Effective January 1, 1994.)