In re Summers

332 F.3d 1240 (2003), 325 U.S. 561 (1945)

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In re Summers

United States Court of Appeals for the Ninth Circuit
332 F.3d 1240 (2003), 325 U.S. 561 (1945)

  • Written by Maggy Gregory, JD

Facts

Eugene Summers and Ann Marie Summers (defendants), who were husband and wife, bought a piece of real estate with their daughter Aurora. The deed language explicitly stated that Eugene and Ann Marie took the property as joint tenants. Some time later, Ann Marie, and subsequently Eugene, filed individual bankruptcy petitions. Richard Hanf (plaintiff), the bankruptcy trustee for Ann Marie, alleged that the real estate at issue was acquired during the marriage and was therefore community property to be included in the bankruptcy estate. The bankruptcy court held that the real estate was held by Ann Marie as a joint tenant. The Bankruptcy Appellate Panel (BAP) affirmed, and Hanf appealed the judgment to the United States Court of Appeals for the Ninth Circuit.

Rule of Law

Issue

Holding and Reasoning (Rawlinson, J.)

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Casebooks

California Community Property

Healthcare Law

Key Terms

  • Community PropertyProperty accumulated during the course of a marriage that is subject to division upon divorce. During both spouses’ lifetimes, each has a one-half ownership interest in all community property.
  • TransmutationChanging the ownership of property from one form to another, usually from separate property to marital property.

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