Category Archives: Transmutation

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. … Continue reading

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Transmutation of Property in a Dissolution in Orange County

Estate of Blair involved real property owned by a married couple who were in the process of obtaining a divorce. The title to the real property was originally taken in joint tenancy. During the divorce proceedings, the wife passed away. … 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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A Deed is Usually a Sufficient Writing to Transfer Separate Property to Community Property.

Decisions made in a probate court help interpret the family law code which is primarily focused on divorce issues. The Estate of Everett L. Bibb, Jr, did not involve a divorce, but rather the process of taking a decedent’s estate … 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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Spousal Support Waivers can be Unenforceable if at the Time of Enforcement it is Unconscionable.

In Rosendale vs. Rosendale, a couple signed a pre-nuptial agreement before they were married which waived spousal support. The trial court in Orange County determined that the agreement was enforceable. FACTUAL BACKGROUND LEADING TO THE DIVORCE The parties were married … 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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