- 9 - is introduced indicating an intent to hold the property as community property, we must decide whether petitioner's evidence overcomes the presumption created by the form in which title was taken. Id. In this case, each deed of the Young Property stated that decedent and Yang took title as husband and wife, as joint tenants. According to California law, this creates a rebuttable presumption that the Young property was joint tenancy as stated in the deeds. To rebut this presumption, petitioner relies on the Superior Court of California's determination that the Young Property was community property and on the surviving spouse's testimony regarding the intent of the parties. Superior Court Decree: Following decedent's death, petitioner filed a spousal property petition in the Superior Court of California, County of Los Angeles. In the spousal order, the court found that the Young Property was "community property or quasi-community property belonging one-half (1/2) to each spouse and passing one hundred percent (100%) to TSAI-HSIU HSU YOUNG, the surviving spouse." Petitioner argues that the Spousal Property Order entered by the Superior Court of the State of California precludes respondent from arguing that the Young Property was joint tenancy under California law.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011