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In California, there is a special presumption favoring separate property classifications for transfers to married women in writing prior to 1975. Before 1975, a wife had been considered a co-owner of community property, but she had no rights of equal management of the property. To protect wives, California had a presumption that title in a wife's name raised a presumption of separate ownership by her. This presumption has been abolished with respect to all transactions after 1975 because women were given equal co-management. The date of the wife's acquisition of an asset determines whether the presumption of separate ownership arises. If the asset was acquired before 1975, the presumption will be given affect. When the wife is the only transferee, there is a presumption that the asset is her separate property unless a different intention is expressed in the instrument.


When there is the wife and one or more transferees are named as owners, the wife's interest in the cotenancy is her separate property unless a different intention is expressed in the instrument. When the pre-1975 instrument describes the transferees as husband and wife, the asset is presumed to be community property. If the pre-1975 the instrument names ...

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