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In re Marriage of Hilke

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eBook details

  • Title: In re Marriage of Hilke
  • Author : Supreme Court Of California
  • Release Date : January 17, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

[4 Cal4th Page 217] 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 [4 Cal4th Page 218] of 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 section
4800.1 and found the residence to be community property. The Court of Appeal reversed, reasoning that the wife's death intervened
before that statute could be applied, so that the husband's right of survivorship as a joint tenant prevailed. We reverse.


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