Fid. & Cas. Co. v. Mahoney - 71 Cal. App. 2d 65, 161 P.2d 944 (1945)

Rule:

There is a presumption that property acquired after marriage, other than by gift, devise, or descent, is community property. Where the marriage relation has existed a short period of time the presumption that property acquired after marriage is community property is of less weight than in the case of a long-continued marriage relation. There is no presumption, however, as to when property was acquired.

Facts:

The insured purchased an airplane-travel accident insurance policy from the insurance company and designated his son as the beneficiary. The insured perished during the subsequent airplane flight. The insurance company filed an interpleader action, deposited the policy proceeds, and the widow and the son litigated their rights and interests. The widow claimed one half of the policy proceeds on the basis that the policy was purchased with community property funds. The son claimed the entire policy proceeds on the basis that the policy was purchased with separate property funds. The superior court issued judgment in favor of the son awarding him half of the proceeds of the policy of insurance.

Issue:

Did the presumption, under section 164 of the Civil Code, that property acquired after marriage (other than by gift, devise, or descent) is community property, determinative that the money used to pay the insurance premium was community property?

Answer:

No.

Conclusion:

The court affirmed, as modified, the contested judgment that the son and not the widow would receive one half of the policy proceeds. The court found that there was no evidence as to whether the money used to pay the premium was community property or separate property. The court did not accept the presumption of Cal. Civ. Code § 164 as determinative that the money used to pay the insurance premium was community property. The court found that the widow failed to prove either that the policy premium was paid from community funds or that she did not consent to the payment of the premium.