🤧
Community Property • Married Woman's Special Presumption
CPROP#031
Legal Definition
Where title is taken in the name of the wife and some third party before 1975, the wife would be a tenant in common with the third party (and her interest would be separate property).
Plain English Explanation
Before 1975, if a woman and someone else (not her husband) owned property together, it was assumed they each owned separate parts of it. The woman's share was considered her own, not shared with her husband.
Hypothetical
Hypo 1: Bob and Amy are married. In 1970, Amy and her friend George jointly buy a piece of land. The title of the land is in both Amy and George's names. Result: Under the rule, Amy and George are considered tenants in common, meaning they each own a separate share of the land. Amy's share of the land is her separate property and not shared with Bob.
Hypo 2: In 1973, Amy, without Bob's knowledge, buys a vacation home with her colleague Bert. The property is in both Amy and Bert's names. Result: Amy and Bert are tenants in common. This means that Amy owns a part of the vacation home independently. Her ownership share is considered separate property, not connected to Bob.
Hypo 2: In 1973, Amy, without Bob's knowledge, buys a vacation home with her colleague Bert. The property is in both Amy and Bert's names. Result: Amy and Bert are tenants in common. This means that Amy owns a part of the vacation home independently. Her ownership share is considered separate property, not connected to Bob.
