Transmutations and Interspousal Transfer Grant Deeds

If one spouse transfers property to the other spouse during marriage, the transfer must be in writing as required in In re Marriage of Kushesh.

FACTUAL BACKGROUND OF THE DISSOLUTION

In Kushesh the parties were only married for a year. During the year, the husband signed an interspousal transfer grant deed. The grant deed transferred the property that was purchased during marriage to the wife.

FAMILY LAW TRIAL PROCEEDINGS

The family law judge concluded that the house was community property, because the interspousal transfer grant deed did not have the requisite wording to change the character of the property. The wife appealed.

APPEAL OF THE ORDER

The court of appeal reversed the decision. It held that the interspousal transfer grant deed contained the requisite language. It reasoned that deeds are used to transfer property. The deed in this case used the word “grant” which is a word used to convey real property. In addition, the deed stated that the property was granted to the wife as her separate property.

DO YOU NEED HELP WITH ISSUES RELATED TO CHARACTERIZATION OF PROPERTY?

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as property characterization or any other divorce matter such as legal separation, annulment, custody, child support, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

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Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
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