In re: Marriage of LafkasAnnotate this Case
This dispute concerns the real estate partnership interest that husband and wife own. Husband had owned the interest before marrying wife. The court held that when a spouse places separate property in joint title form, the transmutation requirements of Family Code section 852 must be satisfied before the joint title presumption of Family Code section 2581 applies. In this case, the documents do not contain an express transmutation of husband's separate property interest in the partnership, and therefore, it remained husband's separate property. The court reversed and remanded for further proceedings. The court asked the parties for additional briefing on the character of loan proceeds received by the partnership after the modification. The court remanded for the trial court to determine whether the lenders intended to rely on the parties' community property to satisfy the loans.