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.