Legal Opinion
Hanf v. Summers
Court of Appeals for the Ninth Circuit
Decided June 20, 2003No. 02-16146PublishedCited by 4 opinions
1Opinion of the Court
OPINION
RAWLINSON, Circuit Judge.
This case requires us to determine whether the requirements of California’s transmutation statute, Cal. Fam.Code § 852(a), must be met when realty is transferred from a third party to spouses as joint tenants. We affirm the decision of the Bankruptcy Appellate Panel (“BAP”), that the transmutation statute does not apply in such a circumstance, and that the property in issue is therefore held in joint tenancy rather than as community property.
7. BACKGROUND
During their marriage, Eugene and Ann Marie Summers, along with their daughter Aurora Summers, purchased a…
2Cases cited15 opinions
- Estate of MacDonaldCalifornia Supreme Court · 1990
- In Re: Cynthia Cohen, Debtor. Robert P. Abele, Trustee/movant v. Modern Financial Plans Services, Inc.Court of Appeals for the Ninth Circuit · 2002
- Lovetro v. SteersCalifornia Court of Appeal · 1965
- Estate of BibbCalifornia Court of Appeal · 2001
- Estate of PetersenCalifornia Court of Appeal · 1994
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3Cited by4 opinions
- In Re Ann Marie Summers, Debtor. Richard J. Hanf, Chapter 7 Trustee v. Eugene Summers, and David Burchard, Chapter 13 Trustee for the Estate of Eugene Summers Ann Marie Summers Charles E. Sims, Chapter 7 Trustee for the Estate of Aurora SummersCourt of Appeals for the Ninth Circuit · 2003
- Sherman v. Securities & Exchange Commission (In Re Sherman)Court of Appeals for the Ninth Circuit · 2006
- Ranuio v. Comm'rUnited States Tax Court · 2010
- SHUANG DI SUN v. COMMISSIONERUnited States Tax Court · 2005