Presumption Concerning Property Held Jointly in California – California Globe

Presumption Concerning Property Held Jointly in California – California Globe

Division 7, Part 3 of California’s Family Code concerns the division of property and creates a presumption concerning property held in joint form. Section 2580 contains three legislative findings and declarations about providing uniformly and consistently for the standard of proof in establishing the character of property acquired by spouses during marriage in joint title form, and for the allocation of community and separate interests in that p…

Court says spouses do not hold equal rights in matrimonial property - Kahawatungu

The High Court ruled that spouses do not automatically hold equal rights or beneficial interests in matrimonial property, even when such property is jointly registered. Instead, ownership depends on each spouse’s monetary or non-monetary contribution to the acquisition or improvement of the asset. This was the finding in a judgment delivered, where Henry Nditika Mwaura sought a declaration of fair distribution of a property registered in both hi…