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HomeFamily CodeDiv. 4Pt. 2Ch. 4§ 803 Married Woman Property Presumptions

§ 803 Married Woman Property Presumptions

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 803 Married Woman Property Presumptions

Key Takeaways

  • •If a married woman bought property (like a house or car) before 1975, it’s usually considered hers alone, even if she’s still married.
  • •If she bought it with someone else, it’s usually split equally unless the paperwork says something different.
  • •If a husband and wife bought something together and the paperwork calls them husband and wife, it’s usually shared property unless the paperwork says otherwise.

Example

A woman bought a house in 1970, and the paperwork only has her name on it.

Even if she’s still married, the house is hers alone because she bought it before 1975.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 803 Married Woman Property Presumptions

Notwithstanding any other provision of this part, whenever any real or personal property, or any interest therein or encumbrance thereon, was acquired before January 1, 1975, by a married woman by an instrument in writing, the following presumptions apply, and are conclusive in favor of any person dealing in good faith and for a valuable consideration with the married woman or her legal representatives or successors in interest, regardless of any change in her marital status after acquisition of the property: (a) If acquired by the married woman, the presumption is that the property is the married woman’s separate property. (b) If acquired by the married woman and any other person, the presumption is that the married woman takes the part acquired by her as tenant in common, unless a different intention is expressed in the instrument. (c) If acquired by husband and wife by an instrument in which they are described as husband and wife, the presumption is that the property is the community property of the husband and wife, unless a different intention is expressed in the instrument. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Last verified: January 21, 2026

Key Terms

married womanseparate propertytenant in commoncommunity propertyinstrument in writing

Related Statutes

  • § 2045 Temporary Property Restraining Orders
  • § 802 Post-Divorce Property Exclusion
  • § 4301 Spousal Support Obligation
  • § 782 Spousal Tort Liability Limits
  • § 850 Spousal Property Transmutation Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 803.
View Official Source