Though property purchased during the marriage is presumed community property, a rebuttable presumption of separate property may apply when acquiring real estate during marriage as follows:
Purchased with Separate Property, But Both Spouses Named as Grantees.
When the purchase is made with separate property funds, but both spouses are named as grantees, a presumption arises that the acquiring spouse intended to give the other spouse a separate ½ interest in the property.
This presumption can only be rebutted by clear and convincing evidence that the acquiring spouse did not intend to gift the ½ interest to the other spouse.