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Here, Robert contend that the house was
acquired with the title of joint tenancy, thus, it’s community property as a
matter of law. Esther asserted that the reason of buying with the title of
joint 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 to
the Civil Code section 4800.1, his oral agreement would not be
effective because the oral agreement cannot overcome the presumption that property
acquired during marriage in
joint tenancy is community property. The Court found that the issue is whether
the law of the Civil
Code section 4800.1 is able to apply this case with retroactive. The Court held
that even though the intention of the Civil Code section 4800.1 is applying with retroactive, the law
would be unconstitutional because retroactive application of this law deprives
Esther of her vested property right. If the house became community property
according to the Civil
Code section 4800.1, it would violate the due process of law. 

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