In California, provide a rebuttal to this argument that the Wife (wendy) is entitled to half the house: What are the Husband's (H) Rights to Mindy's House? All property acquired during marriage is presumed to be community property. However, property that is acquired before, after, by gift, or inheritance is the SP of individual spouses. Here, the source of the property starts out as Mindy's property, and then it is gifted to H and W both as a gift of gratitude for H's managing of his estate, unbeknownst to H. The default presumption of a deed containing the language of "husband and wife" is that the property is community property. W might attempt to argue that the husband and wife presumption exists in the property that would make the property CP so that she would also own half of the house. However, the deed does not name W specifically, but just as H's wife. Therefore, if H does not have a wife at the time of the divorce, H would likely argue that W is not entitled to any portion of the property, and H should have that as his 100% SP. Deliberate misappropriation? Misappropriation of assets could be a factor when one spouse takes CP to exclude the other spouse's interest. W likely will say that H knew about the deed and deliberately hid the asset from her and knew or should have known of the deed in the papers. However, the facts show that H had no idea about the deed given to him. However, this might be hard to prove as he had the papers with him and could have reviewed