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At divorce, tenancy in common property is treated as community property unless the instrument reciting the tenancy in common ownership specifically negates it being community property. The magic words necessary in a deed to make a joint tenancy deed a true joint tenancy deed in a community property state are: 'and not as community property.' If the joint tenancy is a true joint tenancy, the presumption that is used regarding a mortgage payment to community property from separate property is: There is a very strong presumption of a gift that can only be rebutted by an express contrary agreement.

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