Mueller v. Hilke

Opinion

PANELLI, J.

—For the purpose of division of property upon dissolution of marriage, property acquired by the parties during marriage in joint tenancy form is presumed to be community property. (Civ. Code, § 4800.1, subd. (b).)1 This case requires us to determine the character of a marital residence —title to which was held by the spouses in joint tenancy—when, after entry *218of a judgment dissolving the marital relationship, followed by the wife’s death, the trial court exercised its reserved jurisdiction to divide the marital property. The trial court applied the presumption set forth in…