72-9-103. Rebuttable presumptions. In determining whether this part applies to specific property, the following rebuttable presumptions apply:
(1) property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or to have become and remained property to which this part applies; and
(2) real property situated in this state and personal property, wherever situated, acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this part applies.
History: En. Sec. 3, Ch. 395, L. 1989; Sec. 72-6-103, MCA 1991; redes. 72-9-103 by Code Commissioner, 1993.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 9. Disposition of Community Property Rights at Death
Part 1. Uniform Disposition of Community Property Rights at Death
72-9-103. Rebuttable presumptions
72-9-104. through 72-9-106 reserved
72-9-107. Disposition upon death
72-9-108. Perfection of title of surviving spouse
72-9-109. Perfection of title of personal representative, heir, or devisee
72-9-110. Purchaser for value or lender
72-9-111. through 72-9-113 reserved
72-9-115. Acts of married persons
72-9-116. Limitations on testamentary disposition