An Interspousal Deed May Validly Transfer Property to a Spouse

Interspousal Deed

An Interspousal Deed May Validly Transfer Property to a Spouse

Lina and Yan* had a contentious divorce. Numerous requests for order were filed as well as appeals. Most of them had been filed by the husband. One of the issues on appeal was whether or not Lina proved that the family residence was her separate property. The family residence was purchased during marriage which means that by law, it is presumed to be community property. However, Yan had signed two deeds saying that it was Lana’s separate property.

In California, when one spouse signs a deed transferring real property to the other spouse, the advantaged spouse must prove that the transfer was made willingly and with full knowledge of the effects of the deed. Lina would have had to prove that Yan understood the effects of signing an interspousal transfer deed. The family court found that Lina proved that Yan had knowingly and willing signed the deed. Yan appealed. The appellate court agreed with the trial court. It held that because Yan was a real estate agent and was familiar with deeds, he would have known the consequence of signing a deed. Yan’s experience and education provided the necessary proof.

In legal ease this is referred to as a transmutation. When a writing is presented that transmutes property, the advantage spouse must overcome the presumption of undue influence by showing that a disadvantaged spouse signed the document knowingly and willingly.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as transmutation or any other dissolution issue such as spousal support, child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.

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

*The names of the individuals involved come from actual court records that are part of the public record and are not clients of Trevino Law.

Depending on the circumstances, a court may uphold a transfer of community property to separate property.

Depending on the circumstances, a court may uphold a transfer of community property to separate property.

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