General CP Presumption

In California, any property that a married person acquires during the marriage is generally considered community property, meaning it belongs to both spouses. This presumption can be challenged if there is clear evidence showing that the property came from a separate source or if there was a valid agreement or change in ownership.

During their marriage, Jane buys a car using her personal savings from before the marriage. When they divorce, Jane claims the car is her separate property. However, she must provide clear evidence tracing the funds to her separate source to rebut the community property presumption. If she fails to do so, the car will be considered community property.

What’s mine is ours—unless I can prove otherwise!

Exams often present scenarios where students must identify whether property is community or separate, leading them to overlook the need for clear evidence to rebut the presumption.

Questions typically involve fact patterns about property acquired during marriage, requiring candidates to analyze whether the presumption of community property can be rebutted.