Here, Robert contend that the house wasacquired with the title of joint tenancy, thus, it’s community property as amatter of law. Esther asserted that the reason of buying with the title ofjoint tenancy was advised by realtor because of tax. When she bought the house,Robert agreed with oral that the house was hers.

Robert rebut that according tothe Civil Code section 4800.1, his oral agreement would not beeffective because the oral agreement cannot overcome the presumption that propertyacquired during marriage injoint tenancy is community property. Thus, the purchasing money $17,500 was onlyseparate money, but $150,000 ($167,500 minus $17,500)would be community property. The Court found that the issue is whether the lawof the Civil Code section 4800.1 is able toapply this case with retroactive. The Court held that even though the intentionof the Civil Code section 4800.

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1 is applyingwith retroactive, the law would be unconstitutional because retroactive applicationof this law deprives Esther of her vested property right. If the house becamecommunity property according to the CivilCode section 4800.1, it would violate the due process of law. 


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