California Family Code 803 – Notwithstanding any other provision of this part, whenever any real …
Notwithstanding any other provision of this part, whenever any real or personal property, or any interest therein or encumbrance thereon, was acquired before January 1, 1975, by a married woman by an instrument in writing, the following 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:
(a) If acquired by the married woman, the presumption is that the property is the married woman’s separate property.
Terms Used In California Family Code 803
- Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
- Personal property: All property that is not real property.
- Property: includes real and personal property and any interest therein. See California Family Code 113
(b) If acquired by the married woman and any other person, the presumption is that the married woman takes the part acquired by her as tenant in common, unless a different intention is expressed in the instrument.
(c) If acquired by husband and wife by an instrument in which they are described as husband and wife, the presumption is that the property is the community property of the husband and wife, unless a different intention is expressed in the instrument.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)