In Re Marriage of Neal

Opinion

KING, J.

In this case we hold that a residence owned by a putative spouse prior to marriage is her separate property, but is presumed to be the community property of the parties when, during the marriage, she places title to the property in joint tenancy with her spouse. This presumption cannot be rebutted by an oral agreement between the parties that the property is to remain her separate property. Thus, adding a spouse’s name in joint tenancy to title of premarital separate property causes it to become “property acquired by the parties during marriage in joint tenancy form” pursuant…