Section 5305 Of Chapter 3. Ownership Between Parties And Their Creditors And Successors From California Probate Code >> Division 5. >> Part 2. >> Chapter 3.
5305
. (a) Notwithstanding Sections 5301 to 5303, inclusive, if
parties to an account are married to each other, whether or not they
are so described in the deposit agreement, their net contribution to
the account is presumed to be and remain their community property.
(b) Notwithstanding Sections 2581 and 2640 of the Family Code, the
presumption established by this section is a presumption affecting
the burden of proof and may be rebutted by proof of either of the
following:
(1) 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.
(2) The married persons made a written agreement, separate from
the deposit agreement, that expressly provided that the sums on
deposit, claimed not to be community property, were not to be
community property.
(c) Except as provided in Section 5307, a right of survivorship
arising from the express terms of the account or under Section 5302,
a beneficiary designation in a Totten trust account, or a P.O.D.
payee designation, may not be changed by will.
(d) Except as provided in subdivisions (b) and (c), a
multiple-party account created with community property funds does not
in any way alter community property rights.