Rico v. Rico

In Rico v. Rico (1992) 10 Cal.App.4th 706, the parties purchased a home before they were married. They took title as tenants in common. The husband-to-be made a down payment. After marriage, the parties converted the residence to community property by refinancing and changing the form of title to joint tenancy. Upon dissolution, the husband was entitled to reimbursement for his down payment, notwithstanding the presumption of equal ownership raised by the form of title. "Although the tenancy in common raised a presumption of equal ownership, the trial court was authorized to order an equitable compensatory adjustment to compensate the parties for their respective use of separate funds to purchase and improve the residence." (Id. at p. 710.)