What is the test for determining whether a spouse can be found liable for undue influence under section 721 of the California Marriage Act?

California, United States of America


The following excerpt is from Minkovitch v. Minkovitch (In re Marriage of Minkovitch), B297022, B300374, B301994 (Cal. App. 2020):

(2014) 58 Cal.4th 1396, 1400.) Further, "[i]f one spouse secures an advantage from the transaction, a statutory presumption arises under section 721 that the advantaged spouse exercised undue influence and the transaction will be set aside." (In re Marriage of Mathews (2005) 133 Cal.App.4th 624, 628-629.) The presumption, however, is rebutted if the advantaged spouse can demonstrate that the disadvantaged spouse acted freely and voluntarily, with "'"'"full knowledge of all the facts, and with a complete understanding of the effect of " the transaction.'"' [Citation.]" (Lintz v. Lintz (2014) 222 Cal.App.4th 1346, 1353.)

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