Legal Question in Wills and Trusts in California

Your question is a little confusing.

For purposes of the division of property in dissolution proceedings, property acquired by the parties during marriage as joint tenants is presumed to be community 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 join 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.� (Fam. Code, � 2581.)

This is a presumption affecting the burden of proof and can only be rebutted by a clear statement in the deed that the property is separate, and not community property or by a written agreement between the spouses. (Fam. Code, � 2581 subd. (a) and (b).)

�Under section 2581, all property held in joint title by spouses during marriage is presumed to be community property upon dissolution, rebuttable only by written evidence to the contrary.� (In re Marriage of Weaver (4th Dist. 2005) 127 Cal.App.4th 858, 865.)