California, United States of America
The following excerpt is from Marriage of Hilke, In re, 2 Cal.App.4th 433, 3 Cal.Rptr.2d 333 (Cal. App. 1992):
This case presents a troublesome aspect of family law. Here, the common law presumption regarding form of title clashes with the statutory presumption that property acquired during the marriage is community property. The problem is exacerbated when marital property is held in joint tenancy because "... a community estate and a joint tenancy estate cannot exist at the same time in the same property." (Schindler v. Schindler (1954) 126 Cal.App.2d 597, 601, 272 P.2d 566.)
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