Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Gifts: A traditional gift between spouses creates an inference of a transmutation. The burden of proof is on the party claiming that the gift was a transmutation. If the spouse fails in proof of a gift, the nature of the funds used to purchase the item determines its classification.


Deed Recitals: In California Pre-1985 recitals in deeds are at most admissions of the parties signing them. They are not presumed to be true. But a pre-1975 deed that merely names W as a grantee raises the presumption that the property conveyed in her separate property. (See Special Presumptions supra). Pre-1985 deed recitals of joint tenancy caused considerable confusion. Cases held that the such a recital presumed that the spouse had made a transmutation to change the funds to joint tenancy. If it could be proven that H and W did not understand the difference between joint tenancy and community property, such evidence would overcome the presumption. Proof that one of the grantee spouses alone did not intend a transmutation is not sufficient to rebut the presumption. The pre-1985 rule deprives the first spouse to die of the power of testamentary disposition over half of the property unless the ...

Register or login to access full content



Professors
Professionals
Students