Estate of Levine
California Court of Appeal
125 Cal. App. 3d 701 (1981)
Phillip and Estelle (defendant) took title to their jointly purchased home as joint tenants, and though Phillip's attorney testified Phillip privately intended and told the attorney the home was meant to be community property so his own children could inherit his half-interest, Estelle testified she never made any such agreement with Phillip and believed the home would simply pass to her upon his death; Phillip's son Murray (plaintiff), a co-executor, sued to have the home declared community property, but the trial court found Phillip's intent was never communicated to Estelle and ruled the home remained joint-tenancy property.
Whether the presumption that the character of real property is determined by evaluating the deed may be rebutted but only by proof of an agreement of the parties involved.