Bowman v. Bowman
Court of Appeals of California
308 P.2d 906 (1957)
Mrs. Bowman (plaintiff) filed for divorce and claimed the marital home was community property, while Mr. Bowman (defendant) argued it was held in joint tenancy. Mrs. Bowman's parents had provided the down payment, which Mr. Bowman's income was later used to repay; both spouses testified that a realtor advised them to take title as joint tenants, but Mr. Bowman himself testified he understood this was done solely to avoid probate if either spouse died, and Mrs. Bowman testified she believed the home was community property all along. The trial court found the home was community property and awarded it to Mrs. Bowman, and Mr. Bowman appealed.
Whether real property held by a husband and wife in joint tenancy solely for the purpose of avoiding probate is treated as community property in a divorce proceeding.