US Laws, Codes, Statutes & Cases

40-3-12. Presumption of community property; presumption of separate property where property acquired by married woman prior to July 1, 1973.

A.     Property acquired during marriage by either husband or wife, or both, is presumed to be community property.   

B.     Property or any interest therein acquired during marriage by a woman by an instrument in writing, in her name alone, or in her name and the name of another person not her husband, is presumed to be the separate property of the married woman if the instrument in writing was delivered and accepted prior to July 1, 1973. The date of execution or, in the absence of a date of execution, the date of acknowledgment, is presumed to be the date upon which delivery and acceptance occurred.   

C.     The presumptions contained in Subsection B of this section are conclusive in favor of any person dealing in good faith and for valuable consideration with a married woman or her legal representative or successor in interest.