§2.06 Property Acquired by Married Woman Before 1975

If a married woman acquired property by a written instrument before January 1, 1975, you must apply the following presumptions regardless of any change in her marital status after acquisition [FC §803]:

• If acquired by the married woman alone, the property is presumed to be her separate property.
• If acquired by the married woman and any other person, the married woman is presumed to take the part acquired by her as tenant in common, unless a different intention is expressed in the instrument.
• If acquired by a husband and wife by an instrument in which they are described as husband and wife, the presumption is that the property is the community property of the husband and wife, unless a different intention is expressed in the instrument.

These presumptions are conclusive in favor of anyone dealing in good faith and for a valuable consideration with the married woman, regardless of any change in her marital status after acquiring the property. [FC §803.]