Characterizing Property – Title

The law relating to community property and the division of property in a divorce is fairly complex. When characterizing property as either community or separate, the title of the property is often taken into consideration. Many divorcing spouses assume that whoever is on the title for a piece of property has the legal ownership of that property. This is often not true.

Here are some important “presumptions” in the law relating to the title of property. A presumption doesn’t mean it is the final word. Rather it is more like an assumption in the law that will prevail unless it is overcome. In court in can mean that the spouse challenging the presumption has the burden of proof. Continue Reading