Category Archives: Transfer of Property

Spouses Owe Each Other Fiduciary Duties

In re Marriage of Heino and Lange discussed the fiduciary duties that spouses owe to each other during marriage and the presumption of undue influence for written agreements between spouses. FACTUAL BACKGROUND TO THE DIVORCE PROCEEDINGS The spouses in this … Continue reading

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Am I Entitled to My House in a Divorce if I Signed a Deed Giving it to My Spouse?

The Marriage of Stoner examined the community interest and the separate property interest of a home purchased before marriage. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION The wife owned a home before marriage and sold it. She used the proceeds from … Continue reading

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Quitclaiming Real Property to the Other Spouse During a Marriage

The Matthews decision determines whether property transferred in a quit claim deed to one party is a valid transfer of the community property to separate property FACTUAL BACKGROUND LEADING TO THE DISSOLUTION During the marriage, the wife quitclaimed her interest … Continue reading

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Is a Community Contribution to One Party’s Separate Real Property Considered a Gift?

 In the Allen case, the court addressed whether capital improvements which were paid for by community property to one spouse’s separate property can be reimbursed. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE The parties were married in 1981. … Continue reading

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In California, a Writing is Required to Prove that One Party Transferred Property from Separate Property to Community Property During the Marriage.

In Benson v. Benson, the Supreme Court reviewed an appellate court’s affirmation of a judgment that transmuted community property to separate property without a writing based upon part peformance. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE The parties had … Continue reading

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Deeds: When Property is Placed in One Spouse’s Name to Obtain a Better Interest Rate, it Should Always be Transferred Back to Community Property to Avoid Issues in a Divorce.

In the California dissolution of Starr, the wife in the family law case quitclaimed her community interest in real property to her spouse as his separate property.  He promised in return that he would transfer the property back to community property … Continue reading

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