When Title Alone Isn't Enough

The Legal Limits of Interspousal Transfer Deeds and the Risk to Separate Property in California

In California, the idea of "what's mine is yours" is more than just a romantic sentiment, it's the legal default. California is a community property state, which means that any property acquired by either spouse during the marriage is presumed to belong to both of them equally. This presumption applies regardless of whose name appears on the title. That's a detail that often surprises my clients. Many people assume that if they purchase property "solely in their name", it automatically becomes their separate property. It does not. Under California law, that assumption is not only incorrect, but it can also be very costly.