Here’s a history of title presumptions and separate property contributions under California law, leading to the enactment of Family Code § 2640:

Pre-1975: Title Controlled Character

Property titled in a married woman’s name alone was presumed to be her separate property (Civil Code § 5110).

Courts relied heavily on title form to determine character, often disregarding actual intent or source of funds.

1965–1980: The Lucas Era

Spouses often took title as joint tenants or in both names, even when one used separate property.

In Marriage of Lucas (1980), the court held that taking joint title created a presumption of a gift of separate property to the community.

This meant no reimbursement at divorce without a prior written agreement stating otherwise.

1984–1985: Legislative Response

The Legislature responded to Lucas by enacting Civil Code § 4800.2 (now Family Code § 2640), effective 1985.

This gave a spouse the right to be reimbursed for separate property contributions to community real property, unless there is a written waiver.

Reimbursement applies to down payments, principal payments, and improvements, but not interest or appreciation.

Reimbursement must be traced to a separate property source.

Post-1985: Form of Title is Not Dispositive

Title no longer controls the character of marital property.

Reimbursement rights under § 2640 are preserved regardless of how title is held, unless expressly waived.

Modern practice focuses on tracing funds and documenting intent, rather than relying on the deed alone.