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 From the very nature of the estate, as between husband and wife, a community estate and a joint tenancy estate cannot exist at the same time in the same property. (Tomaier v. Tomaier, 23 Cal.2d 754, 758 [146 P.2d 905].) This was established in Siberell v. Siberell, 214 Cal. 767 [7 P.2d 1003], the court there further holding (p. 773) that 'use of community funds to purchase the property and the taking of title thereto in the name of the spouses as joint tenants is tantamount to a binding agreement between them that the same shall not thereafter be held as community property but instead as a joint tenancy with all the characteristics of such an estate.'


The statutory presumption that property acquired after marriage except by gift, bequest, devise, or descent is community property (Civ. Code, §§ 162, 163, 164) is successfully rebutted by evidence that the property was taken in joint tenancy. (Edwards v. Deitrich, 118 Cal.App.2d 254, 260 [257 P.2d 750].) The fact that a deed was taken in joint tenancy establishes a prima facie case that the property is in fact held in joint tenancy. (King v. ...

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