In re Brace

Summary

The court held that, in a dispute between spouses and a bankruptcy trustee, the community-property presumption governs over the form-of-title presumption when spouses acquired joint-tenancy property during marriage with community funds. For property acquired on or after January 1, 1975, the property is presumptively community property, while property acquired before that date is presumptively separate; a joint-tenancy deed alone cannot transmute community property into separate property for property acquired on or after January 1, 1985. The court answered the certified questions accordingly.