The Property received by one spouse from a third party during the marriage is presumed to be community property, unless there is a written document that shows that the community property interest of the other spouse was waived, making the item the separate property of the receiving spouse. The “title presumption” of Evidence Code Sec. 662 does not outweigh the “community property” presumption of Family Code Sec. 760, unless there is a written document showing that the community property presumption has been renounced or waived. In re Brace (2020) 9 Cal.5th 903 (2020), Supreme Court of California.
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