Statute · California Family Code
Cal. Fam. Code § 2581 — PRESUMPTION CONCERNING PROPERTY HELD IN JOINT FORM
Cal. Fam. Code § 2581
- Type
- Statute
- Source
- California Family Code
- Jurisdiction
- California
- Date
- 1994-01-01
- Current through
- Nov 2, 2026 (California Legislative Counsel)
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…
Citator
Cal. Fam. Code § 2581 — PRESUMPTION CONCERNING PROPERTY HELD IN JOINT FORM is in force in the current edition of the Code, and nothing recorded condemns it.
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.