SECTIONS 802-803 - California Statutes

FAMILY.CODE

SECTION 802-803

802. 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.

803. 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.
(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.