Does the presumption of unfair advantage apply to interspousal transactions where one spouse has obtained an unfair advantage over the other spouse?

California, United States of America


The following excerpt is from Cooke v. Cooke (In re Cooke), B257791 (Cal. App. 2016):

As noted, the statutory presumption of Family Code section 721 applies to interspousal transactions where one spouse has obtained an unfair advantage over the other. (In re Marriage of Haines, supra, 33 Cal.App.4th at p. 301.) "Generally, a spouse obtains an unfair advantage if that spouse's position is improved, he or she obtains a favorable opportunity, or otherwise gains, benefits, or profits." (Mathews, supra, 133 Cal.App.4th at p. 629; see Lintz v. Lintz, supra, 222 Cal.App.4th at p. 1353 ["[a]n advantage results to one spouse when that spouse gains or when the other spouse is hurt by the transaction"].)

Other Questions


Does the presumption of undue influence apply in marital transactions in which one spouse has deeded property to the other? (California, United States of America)
Does the presumption of presumption apply where the law in question was unclear or uncertain when the lower court acted? (California, United States of America)
What is the test for establishing an unfair advantage of one spouse under section 721 of the California Marriage Act? (California, United States of America)
What is the test for establishing that a spouse has a presumption of undue influence in a property transaction? (California, United States of America)
Does the common law presumption regarding form of title conflict with the statutory presumption that property acquired during the marriage is community property? (California, United States of America)
What is the test for determining whether to enforce by restitution a spouse's community property interest in pension payments received by the retiree spouse before partition? (California, United States of America)
In what circumstances will the seller be held liable for a transaction where the buyer refused to proceed and the seller subsequently rescinded the transaction? (California, United States of America)
What is the presumption that a new law lessening criminal punishment or reducing criminal liability applies to all cases not yet final on appeal? (California, United States of America)
Does the presumption of sanity apply at the sentencing phase of a criminal trial? (California, United States of America)
Does a presumption affecting the burden of proof apply to an employee seeking reinstatement? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.