Does the conclusive presumption apply in a conveyance from a wife to her husband of her interest in a property held by them in joint tenancy?

California, United States of America


The following excerpt is from Estate of Wilson, 134 Cal.Rptr. 749, 64 Cal.App.3d 786 (Cal. App. 1976):

Compare Miller v. Criswell (1942) 54 Cal.App.2d 524, 129 P.2d 450, where the conclusive presumption was held not to apply in a conveyance from a wife to her husband of her interest in property held by them in joint tenancy. The wife was inexperienced in business matters and was divested of her interest without the benefit of advice from an independent attorney or from any person other than her husband and his adviser. The court also noted that the only possible consideration for the deed of conveyance was that the husband procure a divorce, which consideration was illegal and against public policy. Finally, the wife, upon discovery of her husband's fraud after divorce, immediately made demand on her former husband for a reconveyance of her interest. The conveyance was rescinded and the California Code of Civil Procedure, section 1962, subdivision 2, presumption (now Evid.Code 622) was held inapplicable.

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