Speier v. BraceAnnotate this Case
The Supreme Court answered a question from the United States Court of Appeals for the Ninth Circuit regarding which presumption governs the characterization of joint tenancy property in a dispute between a couple and the bankruptcy trustee of one of the spouses.
The Supreme Court held (1) Cal. Evid. Code 662 does not apply when it conflicts with the Cal. Fam. Code 760 community property presumption; (2) when a married couple uses community funds to acquire property with joint tenancy title on over after January 1, 1975 the property is presumptively community property under Cal. Fam. Code 760 in a dispute between the couple and a bankruptcy trustee, and for properly purchased before January 1, 1975, the presumption is that separate property interests arise from joint tenancy title; and (3) joint tenancy titling of property acquired by spouses using community funds on or after January 1, 1985 is not sufficient by itself to transmute community property into separate property.