CALIFORNIA FAMILY LAW
...Community Property Issues
......Duties/Management & Control
.........Transactions Between Spouses
 11 Cards On This Topic:
  • Cases upholding interspousal transactions against fiduciary duty challenges.
  • Trial court erred in finding W unduly influenced H where his attestation on agreement rebutted presumption he did not understand its legal import, agreement was only 5 pages long and not ambiguous.
  • Recital of no undue influence in MSA one reason presumption of undue influence did not attach.
  • To support finding of undue influence, evidence must also show such unfairness of the transaction.
  • Postnuptial agreement voided based on undue influence of W’s yelling, berating and threatening to interfere with H’s relationship with children.
  • W had burden of proof to prove that the transmutation of H's s/p to c/p was not the product of undue influence.
  • A fiduciary obtains an advantage if his position is improved, he obtains a favorable opportunity, or otherwise gains, benefits, or profits.
  • When an interspousal transaction advantages one spouse, the law presumes such transactions to have been induced by undue influence.
  • Quit claim deed properly voided based on undue influence.
  • Transactions between spouses may be set aside unless advantaged party can show that the transaction was fair and just and fully understood by the party from whom the advantage was obtained.
  • Transmutations between spouses.


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