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IN RE BRACE

No. S252473.

9 Cal.5th 903 (2020)

In re CLIFFORD ALLEN BRACE, JR., Debtor; STEVEN M. SPEIER, as Trustee in Bankruptcy, etc., Plaintiff and Respondent, v. CLIFFORD ALLEN BRACE, JR., Individually and as Trustee, etc., et al., Defendants and Appellants.

Supreme Court of California.

July 23, 2020.

Attorney(s) appearing for the Case

Law Offices of Stephen R. Wade, Stephen R. Wade ; Law Office of W. Derek May and W. Derek May for Defendants and Appellants.

Grace Ganz Blumberg as Amicus Curiae on behalf of Defendants and Appellants.

Tara Twomey , for National Association of Consumer Bankruptcy Attorneys and National Consumer Bankruptcy Rights Center, as Amici Curiae on behalf of Defendants and Appellants.

Marshack Hays, D. Edward Hays , Matthew W. Grimshaw and Judith E. Marshack for Plaintiff and Respondent.

Walzer Melcher and Christopher C. Melcher , as Amicus Curiae on behalf of Plaintiff and Respondent.

OPINION

Many married couples in our state use community funds to acquire real estate and take title in joint tenancy. Does that property presumptively belong to the community because the couple acquired the property during marriage with community funds? Or is the property presumptively the separate property of the spouses...

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