In re Brace
The court held that, in a dispute between a married couple and a bankruptcy trustee, the community-property presumption of Family Code § 760 supersedes the Evidence Code § 662 separate-property pres.
Date Filed: July 23, 2020
Case Name: In re Brace
Case Number: S252473
Court: California Supreme Court
(‘The Court decides that, in a dispute between a married couple and a bankruptcy trustee, the community‑property presumption of Family Code §\u202f760 overrides the Evidence Code §\u202f662 “separate‑property” presumption for joint‑tenancy titles. Accordingly, real‑estate bought with community funds and taken as joint tenants on or after\u202fJanuary\u202f1,\u202f1975 is presumptively community property (and thus fully reachable by the trustee), while property acquired before that date remains presumptively separate. This holding clarifies which statutory presumption controls in bankruptcy and probate matters, directly affecting how much of a spouse’s jointly‑titled assets can be included in a bankruptcy estate.’, ‘5a50cf4b’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.