9th Circuit Certifies Question of Whether Community Property Presumption Applies to Joint Tenancy Pr
The 9th Circuit has certified questions presented in In re Brace to the California Supreme Court. A bankruptcy court held that California property acquired during marriage by California residents as Joint Tenants was community property under California Family Code section 760, and therefore the entire interest was property of the bankruptcy estate, even though only Mr. Brace filed bankruptcy. The Debtor appealed to the BAP, and the BAP affirmed the bankruptcy court. The
