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Community Property • Married Woman's Special Presumption
CPROP#030
Legal Definition
Where title is taken in the name of the husband and wife before 1975, but title is not taken in joint tenancy form or as "husband and wife" or "Mr. and Mrs.," the property is half wife's separate property and half community property (as tenants in common).
Plain English Explanation
When a married couple, before 1975, got a property under both their names but didn't specifically say it's a joint property or owned as "husband and wife," the rule is straightforward. Half of that property is considered to belong solely to the wife, and the other half is owned by both of them together.
Hypothetical
Hypo 1: Bob and Amy, married in 1970, buy a charming cottage. They register the property in both their names but don't specify joint tenancy or use the terms "husband and wife." Result: The law treats half of the cottage as Amy's separate property and the other half as jointly owned by both Bob and Amy.
Hypo 2: In 1974, Bob and Amy purchase a vacation home. Like before, they put both names on the title but don’t state it’s a joint ownership. Result: Again, according to the rule, half of the vacation home is solely Amy's, while the other half is owned by both Amy and Bob together.
Hypo 3: In 1968, Bob and Amy acquire an apartment building. They put the property in both of their names but do not declare it as joint tenancy. Result: The rule applies here too, with half the building being Amy's separate property and the other half belonging to the couple jointly.
Hypo 2: In 1974, Bob and Amy purchase a vacation home. Like before, they put both names on the title but don’t state it’s a joint ownership. Result: Again, according to the rule, half of the vacation home is solely Amy's, while the other half is owned by both Amy and Bob together.
Hypo 3: In 1968, Bob and Amy acquire an apartment building. They put the property in both of their names but do not declare it as joint tenancy. Result: The rule applies here too, with half the building being Amy's separate property and the other half belonging to the couple jointly.
