Considering divorce and child custody
It depends. The form of title presumption affects the burden of proof. That is, the party asserting that title is other than as stated in the deed has the burden of proving that fact by clear and convincing evidence (a very high evidentiary standard). The presumption can be overcome only by evidence of an agreement or understanding between the parties that the title reflected in the deed is not what the parties intended. The presumption cannot be overcome simply by presenting evidence that title was taken in a particular manner merely to obtain a loan (as in your situation). California's community property presumption is that property acquired during the marriage is community property. Title presumption however, is distinguished from this general CP presumption. It is the affirmative act of specifying a form of ownership in the conveyance of title that removes such property from the more general [Community Property] presumption. In your situation, that affirmative act would be the signing of an interspousal grant deed. It's a very complicated area of law. My recommendation is that once you are ready to proceed that you do not do it on your own. Hire a family law attorney.
You should have used a Quit Claim; there is caselaw that concludes that the language in a ISD constitutes sufficient intent to transmute the property from community to separate.
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