Presumption Concerning Property Held Jointly in California

Division 7, Part 3 of California’s Family Code concerns the division of property and creates a presumption concerning property held in joint form. Section 2580 contains three legislative findings and declarations about providing uniformly and consistently for the standard of proof in establishing the character of property acquired by spouses during marriage in joint title form, and for the allocation of community and separate interests in that property between the spouses.

Section 2581 states that, for the purpose of division of property on dissolution of marriage or legal separation of the parties, property acquired by the parties during marriage in joint form, including property held in tenancy in common, joint tenancy, or tenancy by the entirety, or as community property, is presumed to be community property.

In addition, this presumption is a presumption affecting the burden of proof and may be rebutted by either of two specified conditions.