Legal Question in Family Law in California
Interspousal Transfer Deed relinquishing custody, does it stand up in court?
I have a signed ''Interspousal Transfer Deed'' for my townhome, relinquishing any community interest in the property. If I get divorced will this deed stand up in California courts allowing me to keep my townhome without having to buy out my spouse?
2 Answers from Attorneys
Repy: Interspousal Transfer Deed relinquishing custody, does it stand up in cour
In a general sense, this is a very complex area of family law that requires compliance with fiduciary duties of good faith, fair dealing and full and complete disclosure. Transactions between spouses are always suspect, and often times such transactions are set aside. Current case law has determined that a rebuttable presumption of undue influence arises when one spouse obtains an advantage over another in a community property transaction.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Interspousal Transfer Deed relinquishing custody, does it stand up in court?
The short answer is: probably not.
Pursuant to Family Code Section 721 and case precedent, notably, Haines and Delany, there is a rubattable presumption of undue influence when one party benefits from the transaction.
If you wish to discuss the matter, please feel free to call us at 562/ 601-8133 and ask for Pam.
Regards,
Damian M. Nolan
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