Marriage of Gonzales
Robert Gonzales, Jr. transferred his ownership interest in his marital home to his wife, Tamarra, as her sole, separate property. Tamarra Gonzales appeals, challenging a judgment setting aside the interspousal transfer deed. Tamarra argues that there was insufficient evidence that she breached her fiduciary duty owed to Robert by requesting him to transfer his interest in the family residence; there was a valid transmutation of Roberts property interest under Family Code section 852; the trial court erroneously applied the preponderance of the evidence standard, rather than the clear and convincing evidence standard, in determining whether Robert rebutted Tamarras title to the property; and the trial court failed to make an express finding as to whether Tamarra rebutted the presumption of undue influence.
Court affirm the trial court ruling setting aside the interspousal transfer deed on the ground there was substantial evidence that Robert was at an unfair advantage when he signed the deed and Tamarra failed to rebut the presumption of undue influence and duress.
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