Code Section Group

Family Code - FAM

DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620]

  ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853]

  ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

CHAPTER 4. Presumptions Concerning Nature of Property [802 - 803]
  ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

802.
  

The presumption that property acquired during marriage is community property does not apply to any property to which legal or equitable title is held by a person at the time of the person’s death if the marriage during which the property was acquired was terminated by dissolution of marriage more than four years before the death.

(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

803.
  

Notwithstanding any other provision of this part, whenever any real or personal property, or any interest therein or encumbrance thereon, was acquired before January 1, 1975, by a married woman by an instrument in writing, the following presumptions apply, and are conclusive in favor of any person dealing in good faith and for a valuable consideration with the married woman or her legal representatives or successors in interest, regardless of any change in her marital status after acquisition of the property:

(a) If acquired by the married woman, the presumption is that the property is the married woman’s separate property.

(b) If acquired by the married woman and any other person, the presumption is that the married woman takes the part acquired by her as tenant in common, unless a different intention is expressed in the instrument.

(c) If acquired by husband and wife by an instrument in which they are described as husband and wife, the presumption is that the property is the community property of the husband and wife, unless a different intention is expressed in the instrument.

(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

FAMFamily Code - FAM