Estate of Wayne-Chi Young, Deceased, Tsai-Hsiu Hsu Yang, Executrix - Page 11

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          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.                                                                   







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