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WHO'S
PROPERTY IS IT?
The Name on the Title Doesn't Always Determine The Answer
by David Rickett, Attorney at Law
Disagreements regarding who owns a particular piece of property
can, and often do, come up in marital dissolution actions. In
many cases a married couple will acquire a piece of property,
i.e. car, bank account, retirement account etcetera, during their
marriage and take the title to the property in both their names
and in this case the issue is clear that both parties own the
property. However, there are occasions when only one name, for
whatever reason, gets placed on the title to the property. This
then creates a potential for problems for the non-titled spouse,
especially in today¹s divorce proceedings where more and
more spouses are doing their own divorce or using non-lawyers
and not getting any legal advice. Then frequently, at the time
the non-represented parties are dividing up their assets, the
titled spouse informs the other that they are not on title to
the property and thus do not have any interest or ownership. The
non-titled spouse realizing they are not on title may figure that
the titled spouse is telling them the truth - after all they are
my spouse and they would not cheat me out of what is rightfully
mine, right? Well maybe or maybe not. Under California community
property law the courts look first to when the property was purchased.
If purchased during the marriage then the property is presumed
to be community property and both spouses own the property.
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