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IN RE MARRIAGE OF NEAL

Docket No. AO23421.

153 Cal.App.3d 117 (1984)

200 Cal. Rptr. 341

In re the Marriage of PATRICIA JESSE and HENRY D. NEAL. PATRICIA JESSE NEAL, Respondent, v. HENRY D. NEAL, Appellant.

Court of Appeals of California, First District, Division Five.

March 16, 1984.

Attorney(s) appearing for the Case

COUNSEL

David S. Maguire and Germino, Layne, Brodie, Runte, Maguire & MacKay for Appellant.

James T. Danaher, Danaher & Klynn and Richard Such for Respondent.

OPINION

KING, J.

(1a) In this case we hold that a residence owned by a putative spouse prior to marriage is her separate property, but is presumed to be the community property of the parties when, during the marriage, she places title to the property in joint tenancy with her spouse. This presumption cannot be rebutted by an oral agreement between the parties that the property is to remain her separate property. Thus...

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