- 11 - that we are not bound by the Superior Court of California's determination. Intent of Parties: Evidence is admissible to show that a husband and wife, who took property as joint tenants, actually intended it to be community property. Sears v. Rule, 163 P.2d 443, 449 (Cal. 1945); Tomaier v. Tomaier, 146 P.2d 905, 906 (Cal. 1944). Separate property may be converted to community property by oral agreement, proven by the acts and conduct of the parties in dealing with the property; however, the evidence must be sufficient to support a finding, adverse to record title. Bernatas v. Honnert (In re Bernatas' Estate), 328 P.2d 539, 541 (Cal. Dist. Ct. App. 1958). A mistaken belief about the nature of the property, or intent communicated to the other spouse about converting the property from one form to another, without more, will not rebut the presumption raised by the form of deed by which such property was acquired by husband and wife. Edwards v. Dietrich, 257 P.2d 750, 754 (Cal. Dist. Ct. App. 1953). Petitioner primarily relies upon Yang's testimony. In her written statement, Yang stated that she and decedent always viewed the marital accumulations as "community property." According to Yang, the Youngs thought the property was community property.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