[Read this glossary entry on atharkhan.com](https://atharkhan.com/glossary/title/) **Title** means legal ownership of property, or the legal basis or evidence of that ownership. A deed, account registration or other ownership document may show how title is held. In a California divorce, the name on the document does not always settle whether the property is community or separate. ## In California Family Law [Family Code section 760](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=760.) generally treats property acquired during marriage while domiciled in California as [[Community Property|community property]], subject to statutory exceptions. Acquisition history, source of funds and valid agreements can matter alongside title. For division at dissolution or legal separation, [section 2581](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2581.) presumes that property the parties acquired during marriage in joint form is community property. The statute specifies the documentary evidence or written agreement needed to rebut that presumption. A **transmutation**, a change between community and separate character, ordinarily requires the express written declaration described in [section 852](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=852.). The statute includes qualifications, such as certain modest personal gifts and different treatment of pre-1985 transactions. A title change should not be assumed to resolve every characterization question. In [[Case Law/V/Valli, In re Marriage of (2014) 58 Cal.4th 1396|In re Marriage of Valli (2014) 58 Cal.4th 1396]], community funds purchased insurance on the husband's life with the wife named as sole owner and beneficiary. The Supreme Court held that the claimed change to her separate property required compliance with the transmutation statute. Sole title did not avoid that requirement. **Example:** An asset is registered in one spouse's name but was purchased during marriage with community funds. Before calling it that spouse's separate property, the relevant property rules and any valid transmutation must be considered. Rights involving creditors or other third parties may require a separate analysis.