Presumptions in California Concerning the Nature of Property

California’s Family Code, in Division 4, Part 2, Chapter 4 deals with presumptions concerning the nature of property in characterizing martial property.

Section 802 explains that the presumption that property acquired during marriage is community property does not apply to any property to which legal or equitable title is held by a person at the time of the person’s death if the marriage during which the property was acquired was terminated by dissolution of marriage more than four years before the death.

Section 803 provides that, whenever any real or personal property, or any interest or encumbrance by a married woman by an instrument in writing, the three specified presumptions apply, and are conclusive in favor of any person dealing in good faith and for a valuable consideration with the married woman or her legal representatives or successors in interest, regardless of any change in her marital status after acquisition of the property.