Property Acquired During Marriage is Presumed Separate Property

Posted: January 26, 2009 in family law, Uncategorized
Tags: , , , , , ,

In Re Marriage of Brooks & Robinson (169 Cal.App.4th 176)

Property acquired during marriage in the name of one spouse is presumed separate property and the burden is on the grantee to overcome the presumption by clear and convincing evidence of the agreement or an understanding to the contrary.

To overcome the form of title presumption, the evidence of a contrary agreement or understanding must be “clear and convincing.” (Evid. Code, § 662; cf. In re Marriage of Weaver, supra, 224 Cal.App.3d at p. 486.) This standard requires evidence that is “‘”‘so clear as to leave no substantial doubt’ [and] ‘sufficiently strong to command the unhesitating assent of every reasonable mind.'”‘” (In re Marriage of Weaver, supra, at p. 487.)

This case is not final as the California Supreme Court is reviewing.  I will keep you updated as soon as the information is available.

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