§2.04 Presumption for Joint Bank Accounts

If parties to a joint bank account are married to each other, their net contribution to the account is presumed to be and remains their community property. This presumption applies whether or not the deposit agreement describes them as married. [Prob C §5305(a).]

This presumption affects the burden of proof. You may find that it is rebutted by proof of either of the following [Prob C §5305(b)]:

• The sums on deposit that are claimed to be separate property can be traced from separate property, unless it is proved that the married persons made a written agreement that expressed their clear intent that the sums be their community property.
• The married persons made a written agreement, separate from the deposit agreement, that expressly provides that sums on deposit were not community property.