Lynam v. Vorwerk - 13 Cal. App. 507 (Dist. Ct. App. 1910)

Rule:

Cal. Civ. Code § 164 declares that all property acquired after marriage by either husband or wife, except that acquired by gift, bequest, devise or descent (Cal. Civ. Code § 163), is community property. The section expressly provides that all property acquired by either husband or wife after marriage is community property.

Facts:

The husband and wife, during their lives, had money on deposit with a bank under a writing that provided that the bank would pay any money on deposit on demand of either the husband or the wife. There was no evidence concerning the source of the money. After the husband died, the wife withdrew the deposit and did not account for the money as administratrix of the estate of the husband. After she died, an action was brought to determine rights to the money. 

Issue:

Did the writing given to the bank have the effect of creating a joint tenancy in the husband and wife, with the right of survivorship?

Answer:

No.

Conclusion:

In affirming the judgment in favor of the administratrix, the court reasoned that under Cal. Civ. Code § 164, all property acquired after marriage by either husband or wife, except that acquired by gift, bequest, devise, or descent, was community property. The possession of money by either or both husband and wife after marriage, in the absence of other evidence, raised a presumption that it is community property. The writing did not make the bank deposit a joint tenancy in the husband and wife with right of survivorship and did not create a right in favor of the husband and wife to the money but was a mere authority to the bank as to paying the deposit.