CALIFORNIA FAMILY LAW
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Community Property Issues
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Gifts/Transfers of C/P
.........In General
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Gifts: In General
Spouses may alter property rights by agreement.
No gifts of c/p to third parties absent written consent of spouse.
Actions to set aside unilateral transfer of c/p by one spouse must be commenced within one year of recordation of deed of transfer.
Elements of a gift.
Court may disbelieve party’s declaration as to whether a transfer was a gift or loan when that fact is sought to be established solely by the individual's affirmation thereof.
Nonemployee spouse may have interest in "gift" from employer to employee spouse.
Action to set aside gifts of c/p by one spouse not before court in dissolution action.
W has vested interest in each item of c/p and may set aside a gift of it by H, regardless of how much other c/p she receives.