In Re Marriage of Delgado

In this case we hold that Civil Code section 4800.1 is inapplicable to marital dissolution actions in which the judgment was entered prior to the statute’s effective date of January 1, 1984. Thus, where spouses acquired property in joint tenancy pursuant to an oral agreement or understanding that it was to be the separate property of one of them, and a judgment confirming this fact was entered prior to January 1, 1984, the statutory presumption that such property is community, unless there is a writing to the contrary, is inapplicable.

Edward J. Delgado appeals from a postjudgment order in a dissolution proceeding. The order characterized certain real property as being the separate property of his wife Charlotte E. Delgado. The primary issues involve the applicability of section 4800.1. We affirm the judgment.

Charlotte and Edward married in 1965. Charlotte’s mother, Eloise Duperroir, owned a two-unit residential building at 2380 and 2382 Bryant Street in San Francisco. Eloise lived in the unit at 2380 Bryant Street. For a number of years Charlotte and Edward lived in the unit at 2382 Bryant Street.

In 1971, Eloise executed a grant deed conveying the property to…