I.

INTRODUCTION

Appellants Oliver and Patricia Louer purchased a home (the Property) for their 1 daughter, Christine Hobson, and her daughter. The Louers initially held title to the

Property and rented it to Christine. Eventually, after Christine married Jimmie Hobson,

the Louers transferred title to the Property to Christine and Jimmie, as community

property. When Christine and Jimmie’s marriage was nearing an end, Christine

unilaterally attempted to transfer title to the Property back to her parents, unbeknownst to

Jimmie. After Christine filed for dissolution of her marriage, Jimmie discovered

Christine had quitclaimed the Property back to the Louers. In a bifurcated court trial of

the Hobsons’ dissolution proceedings, joined by the Louers as interested parties, the trial

court found that Christine and Jimmie retained their community property interest in the

Property and that the 2019 quitclaim deed was invalid.

The Louers appeal the trial court’s ruling on the bifurcated issue of ownership of

the Property. The Louers contend that the trial court erred in finding that the Property

belongs to Christine and Jimmie as community property. The Louers argue that the

Hobsons never acquired an interest in the Property because the 2016 quitclaim deed

transferring title of the Property from the Louers to the Hobsons was invalid. The Louers

1 When referring individually to parties or witnesses who share the same last names, we refer to them by their first names to avoid confusion. Our use of first names is not intended as a sign of disrespect.

2 alternatively argue that, even if title to the Property was transferred to the Hobsons in

2016, Christine transferred the Property back to the Louers in 2019, by quitclaim deed.

We conclude the Louers’ arguments lack merit, and affirm the trial court’s findings

and ruling that the Hobsons are the legal owners of the Property.

II.

FACTS AND PROCEDURAL BACKGROUND

In 1995, the Louers purchased the Property, located in Riverside. Christine, her

daughter, and Christine’s boyfriend, Chris Bragg, moved into the Property right after the

Louers purchased it. The Louers bought the Property so that Christine and her daughter

would not have to live in an apartment.

Christine paid the Louers rent from the time after she moved into the Property

until she filed for divorce from Chris. Christine married Chris in 1998, and they divorced

in 2000. Christine and Chris paid the Louers $600 a month for rent and paid the

electricity bill. The Louers paid the Property insurance, property taxes, and other

utilities, such as water and trash.

Christine and her daughter remained at the Property after her divorce from Chris.

Christine continued to pay the Louers rent, which eventually was reduced to $200 a

month because she lost her job. In 2003, the Louers paid off the Property mortgage.

Jimmie began living with Christine at the Property in 2003, and they married in

2004. When Jimmie moved in, he and Christine paid the Louers $675 in monthly rent

from their joint bank account, and paid for the gas, water, and electricity. The Louers

3 continued to pay the property taxes, insurance, and other household expenses and

utilities.

On September 12, 2006, the Louers executed the Oliver G. Louer and Patricia A.

Louer Revocable Living Trust (Louer Trust). The Louers were designated trustees,

grantors, and beneficiaries of the Louer Trust, and Christine was named successor trustee

and primary beneficiary upon the death of the Louers. Oliver testified that it was his

intent that Christine would receive sole title to the Property when the Louers died.

On September 18, 2006, the Louers executed a quitclaim deed, which Oliver

drafted, transferring title to the Property from the Louers individually, to the Louers as

trustees of the 2006 Trust. Oliver believed that, as trustees, the Louers were in charge of

managing the Property. Oliver testified that his intent when he drafted the quitclaim deed

was to prevent the Property from entering probate upon his death.

On April 30, 2016, the Hobsons executed the Christine Marie Hobson and Jimmie

Dale Hobson Revocable Living Trust (Hobson Trust), which Oliver drafted. Christine

and Jimmie were named as co-trustees, grantors, and beneficiaries of the Hobson Trust.

The Hobson Trust states in the declaration of trust instructions that Christine and Jimmie,

as trustees, “[e]ither alone may act for or represent the trust in any transaction.” The

Hobson Trust further provides that, upon Christine’s or Jimmie’s death, the survivor must

distribute the deceased spouse’s share of the property in Schedule A, which consists

solely of the Property. The Hobson Trust’s declaration of trust states in Part 4, entitled

“Character of Trust Property,” that either Christine or Jimmie, as grantors, “may revoke

4 this trust at any time, without notifying any beneficiary” and “distribute the trust property

listed on Schedule A” “to the grantors as their community property.” Amending the

Hobson Trust, however, required both grantors “acting together.”

Under the Hobson Trust section entitled, “Part 8. Trustee’s Management Powers

and Duties,” the trust states: “A. Powers Under State Law, [¶] The trustee shall have all

authority and powers allowed or conferred on a trustee under California law, subject to

the trustee’s fiduciary duty to the grantors and the beneficiaries. [¶] B. Specified Powers,

[¶] The trustee’s powers include, but are not limited to: [¶] 1. The power to sell trust

property, and to borrow money and to encumber trust property, including trust real estate,

by mortgage, deed of trust or other method.” Schedule A of the Hobson Trust only lists

the Property as “Shared Property Placed in Trust.” Schedule B of the Hobson Trust

states: “Christine Marie Hobson’s Separate Property Placed in Trust, [¶] No schedule

property.”

Oliver testified he included in the Hobson Trust the language that either Christine

or Jimmie could act individually on behalf of the other under the Hobson Trust, in the

event there was some unforeseen event. Christine testified that she believed she owned

the Property and she was going to live there forever and raise her children there.

On May 9, 2016, the Louers executed a quitclaim deed, drafted by Oliver (2016

quitclaim deed), transferring title to the Property from the Louers as trustees of the Louer

Trust, to Christine and Jimmie, as trustees of the Hobson Trust. The deed was signed by

5 the Louers and recorded a few days later. The Louers did not receive any money in

exchange for the transfer.

Oliver testified that it was his understanding that he and his wife transferred title to

the Property into the Hobson Trust, which then became the owner of the Property. Oliver

further testified that he did not draft a deed transferring title only to Christine because, at

that time, her “marriage seemed to be pretty strong, and we had no idea that anything like

a divorce would ever happen.” Oliver did not require compensation for the Property, but

stated he did not intend it to be a gift. Rather, he intended that at his death it would

become Christine’s property. Oliver testified he did not intend that the 2016 quitclaim

deed would give the Hobsons a community property interest in the Property. Instead, he

intended that the Hobson Trust would own the Property.

After the Louers transferred the Property to the Hobson Trust in 2016, the

Hobsons stopped paying the Louers rent and began paying the Property costs and

expenses, including property taxes, homeowners’ insurance, earthquake insurance, and

utilities. The Hobsons did not pay rent for the Property from April 2016 through March

2019.

During their marriage, the Hobsons used their tax refund funds in their joint bank

account to pay for improvements to the Property. Jimmie testified that he and Christine

believed they owned the Property and could do whatever they wanted to it without the

Louers’ consent. Jimmie believed the Louers gave the Property to both of them by

transferring title to the Hobson Trust. But Christine testified that during their fights,

6 Jimmie would say that the Property was never going to belong to him, Christine had

everything, and he had nothing.

On March 25, 2019, Christine, as trustee of the Hobson Trust, executed a

quitclaim deed (2019 quitclaim deed), transferring title to the Property back to the Louers

Trust. The 2019 quitclaim deed was recorded. Although Oliver was not an attorney, he

suggested to Christine transferring the Property back to the Louers and prepared the

quitclaim deed. He wanted the Property returned because Christine told him her marriage

was ending. Upon reviewing the Hobson Trust, Oliver believed Christine could

unilaterally transfer title back to the Louers without Jimmie’s consent. Christine also

executed a claim for reassessment exclusion for transfer between parent and child.

Jimmie was not mentioned on the form as one of the transferors of the Property. Both

documents were only signed by Christine.

On November 4, 2019, the Louers executed an amendment to their 2006 Louer

Trust, deleting Schedule A to the Louer Trust and replacing it with a new Schedule A

dated November 1, 2019, which listed the Property again as a trust asset. The

amendment also removed Christine as the Louer Trust successor trustee.

After Christine executed the 2019 quitclaim deed, Oliver drafted a rental

agreement, which Christine signed, and she began paying the Louers rent. The Louers

resumed paying the homeowners’ insurance and property taxes. Oliver told Jimmie

about the transfer and asked him to sign the rental agreement. Jimmie refused to sign it

or pay rent. On January 8, 2020, Oliver served Jimmie with a three-day notice to quit.

7 Jimmie moved out in January or February 2020, and Christine continued paying the rent

to the Louers. Jimmie testified he did not learn of Christine’s purported transfer of the

Property to the Louers until after Christine filed for divorce in February 2020.

On December 11, 2020, Jimmie filed a joinder complaint to the dissolution

petition. His joinder complaint included a cause of action to cancel the 2019 quitclaim

deed and a request for declaratory and injunctive relief.

On February 8, 2021, the Louers filed a cross-complaint on Jimmie’s joinder

action, which included causes of action for quiet title and cancellation of the 2016

quitclaim deed.

On September 14th-16th, 2022, the court tried the Property ownership issues. The

trial court issued a written statement of decision on November 16, 2022, in which the

court made the following findings regarding the Property: (1) The Property was

presumptively community property acquired by the Hobsons during their marriage; (2) in

2016, the Louers transferred title to the Property from the Louer Trust to the Hobson

Trust; (3) in 2016, the Louers intended to convey all interest in the Property to both

Christine and Jimmie, as trustees of the Hobson Trust; (4) as trustees, Christine and

Jimmie jointly held legal title to the Property based upon the 2016 quitclaim deed; and

(5) after the Louers transferred Property title in 2016 to the Hobson Trust, the Hobsons

no longer were required to pay the Louers rent, and were responsible for paying for the

Property taxes, insurance, maintenance, and improvements.

8 The trial court further found regarding Christine’s attempt to transfer the Hobsons’

interest in the Property back to the Louers: (1) under Family Code section 761, 2 subdivision (a), modification of the rights and interests in the Property held in the

Hobson Trust required joinder or consent of both spouses; (2) Christine’s attempted

unilateral transfer of the Property to the Louers by executing the 2019 quitclaim deed was

tantamount to an amendment of the Hobson Trust; (3) Christine’s attempted return of the

Property to the Louers was not valid under the terms of the Hobson Trust because it was

done unilaterally by Christine, and was tantamount to a revocation of the Hobson Trust;

(4) because Christine’s attempted unilateral transfer of the Property was invalid, the

Property remained community property under section 761, subdivision (b); (5) because

the 2019 quitclaim deed was invalid, title to the Property remained in Christine’s and

Jimmie’s names, as trustees of the Hobson Trust; (6) Christine did not provide any

evidence rebutting the community property presumption and did not establish that the

Property was her separate property, not community property; (7) Christine’s and the

Louers’ concealed efforts to attempt to convey the Property back to the Louers did not

change the community property character of the Property; and (8) Christine is not liable

to Jimmie for breach of fiduciary duty by attempting to unilaterally transfer title to the

Property back to the Louer Trust, because she reasonably relied upon Oliver’s assurances

and the Hobson Trust language, and held a good faith belief the Louers became the

owners of the Property.

2 Unless otherwise noted, all statutory references are to the Family Code.

9 In the statement of decision, the trial court ordered that (1) the Property be

characterized as the Hobsons’ community property and (2) the Louers immediately

transfer title to the Property back to the Hobsons as tenants in common. The Louers filed

a notice of appeal of the statement of decision findings and orders entered on November

16, 2022.

III.

VALIDITY OF THE 2016 QUITCLAIM DEED

The Louers contend the Hobsons never acquired an interest in the Property

because the 2016 quitclaim deed was invalid. We disagree.

The trial court found that, when the Louers executed the 2016 quitclaim deed, the

Louers intended to convey the Property to both Christine and Jimmie. The Louers argue

substantial evidence does not support this finding, and that the evidence establishes that

the Louers instead intended that Christine would inherit the Property after the Louers

died. The Louers maintain that the 2016 quitclaim deed was therefore invalid because

the Louers never intended (1) to divest themselves of title to the Property when they

executed the 2016 quitclaim deed or (2) to transfer any interest in the Property to Jimmie.

“‘A deed delivered with the intent that it shall take effect only on the death of the

grantor is an attempted testamentary disposition and therefore void. [Citation.]’” (Meyer

v. Wall (1969) 270 Cal.App.2d 24, 27, italics added.) “‘“[T]o constitute a valid delivery

there must exist a mutual intention on the part of the parties, and particularly on the part

of the grantor, to pass title to the property immediately. In other words, to be a valid

10 delivery, the instrument must be meant by the grantor to be presently operative as a deed,

that is, there must be the intent on the part of the grantor to divest himself presently of the

title. Even if the document is manually delivered, but the evidence shows that the parties

or the grantor intended the document to become operative only upon death, the document

is testamentary in character and void as a deed.” [Citation.]’” (Ibid., italics added; see

also Blackburn v. Drake (1963) 211 Cal.App.2d 806, 811-812; Henneberry v.

Henneberry (1958) 164 Cal.App.2d 125, 129; Miller & Starr, Cal. Real Estate (3rd ed.

2000) § 8:38, p. 74 [“Any attempt to convey property by a deed that is to become

effective only on the grantor’s death is completely ineffective and void.”].)

The intent to pass title, an essential element of delivery, is a question of fact which

must be determined by the trier of fact upon consideration of all of the circumstances

surrounding the transaction. (Meyer v. Wall, supra, 270 Cal.App.2d at p. 27.)

Here, there is substantial evidence supporting the trial court’s finding that the

Louers intended to divest themselves presently of title to the Property when they

executed the 2016 quitclaim deed transferring title to the Property to the Hobsons through

the Hobson Trust. There is evidence establishing that in 2016, Oliver drafted the Hobson

Trust and the 2016 quitclaim deed transferring title to the Property to the Hobsons,

through the Hobson Trust. Thereafter, the Hobsons stopped paying the Louers rent for

the Property, and began paying for all of the Property expenses, including property taxes,

insurance, utilities, maintenance, and improvements. Before execution of the 2016

quitclaim deed, most of those expenses were paid by the Louers, and the Hobsons paid

11 the Louers rent while living at the Property. Oliver told the Hobsons they no longer had

to pay rent after execution of the 2016 quitclaim deed. Christine and Jimmie testified

they believed that after the Louers quitclaimed the Property to them in 2016, they became

the sole, joint owners of the Property.

The Louers argue that the absence of any consideration for the transfer of the

Property to the Hobsons supports a finding that the Louers did not intend to convey the

Property to the Hobsons when they executed the 2016 quitclaim deed. “Neither

consideration, nor adequacy of consideration, is essential to the validity of a deed.”

(Odone v. Marzocchi (1949) 34 Cal.2d 431, 436.) While lack of consideration may be

relevant when determining whether there was intent, here the lack of consideration is

insufficient to establish a finding of a lack of intent to transfer the Property to the

Hobsons, because there is other strong evidence that the Louers intended to voluntarily

transfer title without requiring the Hobsons to provide anything in return.

For instance, Oliver testified that the Louers decided to quitclaim the Property to

the Hobsons because the Hobsons’ marriage seemed to be strong and stable, the Louers

wanted the Hobsons to benefit from the homestead property tax deduction, and the

Louers wanted to ensure that Christine and her children could live in a house instead of

an apartment. It was not until Christine told the Louers that her marriage was ending that

the Louers realized that they needed to regain title of the Property to avoid Jimmie

retaining an interest in the Property. Oliver persuaded Christine in 2019 to

surreptitiously, without Jimmie’s knowledge or consent, attempt to transfer title to the

12 Property back to the Louers. Had the Louers intended, as they argue, to retain title to the

Property until after they both passed, rather than transferring title in 2016, by quitclaim

deed to both Christine and Jimmie, the Louers could have simply retained title to the

Property in their living trust, which provided for transfer of title to the Property to

Christine upon their death. These facts establish that the parties understood that the

Louers’ transferred title to the Property to both Christine and Jimmie by executing the

2016 quitclaim deed.

We conclude based on the totality of the evidence that there was substantial

evidence that the Louers intended to pass present title to the Property to the Hobsons by

executing the 2016 quitclaim deed, which was thus valid and immediately transferred

title to Christine and Jimmie in 2016.

IV.

INVALIDITY OF THE 2019 QUITCLAIM DEED

The Louers contend that even assuming they transferred title to the Property in

2016 to the Hobsons, Christine transferred title to the Property back to the Louers in

2019, by executing and recording the 2019 quitclaim deed. The Louers argue the trial

court erred in finding invalid Christine’s unilateral transfer of title to the Louers in 2019.

Jimmie argues the Louers forfeited this objection by misrepresenting the record on appeal

and by failing to address the bases for the trial court’s decision. Regardless of whether

the Louers forfeited their objection, we reject it on the merits.

13 The trial court found that, as a result of the 2016 quitclaim deed transferring title

to the Hobsons, the Hobsons thereafter jointly held title to the Property as community

property. The trial court further found that Christine’s surreptitious attempt to reconvey

the Hobsons’ title back to the Louers, without informing Jimmie or obtaining his consent,

was ineffective and did not eliminate the Hobsons’ community property interest in the

Property. The trial court therefore ordered the Louers to immediately effectuate record

title of the Property by the Hobsons.

In determining whether the Hobsons’ interest in the Property was lawfully

quitclaimed to the Louers by the 2019 quitclaim deed, we begin by determining the

character of the Hobsons’ interest in the Property in 2019, and whether Christine could

legally unilaterally transfer title to the Property to the Louers.

A. Characterization of the Property as Community Property

“The characterization of property as community or separate can be determined by

the date of acquisition, the application and operations of presumptions, or by whether the

spouses have transmuted the property. [Citation.] . . . The party claiming that property

acquired during the marriage, which is presumed to be community property, is actually

separate property has the burden of overcoming this presumption by a preponderance of

the evidence. [Citation.]” (In re Marriage of Sivyer-Foley & Foley (2010) 189

Cal.App.4th 521, 526; § 760 [“Except as otherwise provided by statute, all property, real

or personal, wherever situated, acquired by a married person during the marriage while

domiciled in this state is community property.”].) The Hobsons were married when the

14 Louers transferred title to Christine and Jimmie in 2016. The presumption is thus that the

Property was community property. The Louers had the burden of proving otherwise, and

failed to do so, as discussed in the preceding section.

Furthermore, substantial evidence supports the trial court’s finding that the

Property was the Hobsons’ community property when Christine attempted to transfer title

to the Louers by executing the 2019 quitclaim deed. The parties’ trial testimony and

documentary evidence established the character of the Property as community property.

In 2016, the Louers quitclaimed the Property to both Christine and Jimmie, as trustees of

the Hobson Trust. Schedule A attached to the 2016 Hobson Trust states that the Property

is “Shared Property Placed in Trust.” The Hobson Trust’s declaration of trust states in

Part 4, entitled “Character of Trust Property,” that either Christine or Jimmie, as grantors,

may revoke the Hobson Trust at any time and “distribute the trust property listed on

Schedule A” “to the grantors [Christine and Jimmie] as their community property.”

B. Invalidity of Christine’s Unilateral Attempt to Transfer Title in 2019

The Louers argue that, regardless of whether the Property was community

property, the 2019 quitclaim deed was valid. We disagree.

Christine, as trustee of the Hobson Trust, unilaterally executed the 2019 quitclaim

deed in an attempt to transfer the Hobsons’ interest in the Property to the Louers. This

was done without Jimmie’s consent or knowledge and was intended to eliminate the

Hobsons’ title to the Property. Had the 2019 quitclaim been valid, it would have

removed the sole asset in the Hobson Trust, which would have had the effect of revoking

15 the Hobson Trust. (Estate of Coleman (2005) 129 Cal.App.4th 380, 388 [“Where the

property of the trust ceases to exist, there is nothing to which the trustee may hold legal

title, nothing in which the beneficiaries may hold a beneficial interest, and there is no

longer a trust. [Citation.][] It follows that the complete withdrawal of the trust property

terminates the entire trust.” (fn. omitted.)].) Under the Hobson Trust, revocation of the

trust by removing the only property held within it required distribution of the Property to

the trust’s grantors (Christine and Jimmie) as their community property. As community

property, Christine could not transfer Jimmie’s interest in the Property to the Louers.

(§ 761, subd. (a).)

The Louers argue that Christine had authority under the Hobson Trust to

unilaterally transfer the Property to the Louers, without Jimmie’s consent or knowledge,

because section 761, subdivision (c) and the Hobson Trust provide that, when property is

held in a trust, a trustee spouse is authorized to unilaterally, without the consent of the

other trustee spouse, convey and otherwise manage and control trust property in

accordance with the provisions of the trust, “unless the trust expressly requires the joinder

or consent of one or both spouses.” (§ 761, subd. (c).)

Under section 761, subdivision (a), “[u]nless the trust instrument or the instrument

of transfer expressly provides otherwise, community property that is transferred in trust

remains community property during the marriage, regardless of the identity of the trustee,

if the trust, originally or as amended before or after the transfer, provides that the trust is

revocable as to that property during the marriage and the power, if any, to modify the

16 trust as to the rights and interests in that property during the marriage may be exercised

only with the joinder or consent of both spouses.”

The Hobson Trust states that either Christine or Jimmie, as trust grantors, can

revoke the Hobson Trust in writing or by any manner allowed by law. The Hobson Trust

further states that the grantors can amend the trust “only by both of them acting together,”

and “[a]ll amendments must be in writing and signed by both grantors.” Under these

provisions, Christine could unilaterally revoke the Hobson Trust, but any amendment to

the Hobson Trust required both Christine and Jimmie to do so in writing, signed by both

of them.

The Hobson Trust expressly required the joinder or consent of Jimmie when

Christine gratuitously transferred title to the only property held in the Hobson Trust.

Regardless of whether the removal of the Property from the Hobson Trust amended,

modified, or revoked the Hobson Trust, Christine’s unilateral transfer of title to the

Property was invalid because she removed the Property from the Hobson Trust without

Jimmie’s consent and, more significantly, gratuitously transferred both Jimmie’s and her

community property interest in the Property to the Louers without Jimmie’s consent.

This removal of the Property from the Hobson Trust and transfer of title to the Louers

was tantamount to a trust revocation, which in accordance with the declaration of trust,

Part 4, required distribution of the Property to Christine and Jimmie as their community

property. The 2019 quitclaim transfer of title to the Louers thus violated the Hobson

17 Trust by transferring title to the Louers, instead of to the Hobsons as community

property.

Under section 761, subdivision (b), “Unless the trust instrument expressly

provides otherwise, a power to revoke as to community property may be exercised by

either spouse acting alone. Community property, including any income or appreciation,

that is distributed or withdrawn from a trust by revocation, power of withdrawal, or

otherwise, remains community property unless there is a valid transmutation of the

property at the time of distribution or withdrawal.”

Although under this provision Christine could unilaterally revoke the trust by

removing the sole Property from the Hobson Trust, the Hobson Trust declaration of trust

provides, consistent with section 761, subdivision (b), that “If the trust is revoked, the

trustee shall distribute the trust property listed on Schedule A to the grantors as their

community property.” Christine and Jimmie were the trustees and grantors. Upon

revoking and or amending the Hobson Trust, Christine was required to distribute the

Property, which was community property, to herself and Jimmie. Christine, however,

executed the 2019 quitclaim deed in an attempt to transfer title from the Hobson Trust to

the Louers. The 2019 quitclaim deed was therefore invalid and in violation of the terms

of the Hobson Trust.

C. The Trial Court Finding that the 2019 Quitclaim Deed Is Invalid

The Louers argue that the trial court did not expressly find or order that the 2019

quitclaim deed was invalid. Therefore, it must be assumed the 2019 quitclaim deed is

18 valid. We disagree. It can be reasonably inferred from the trial court’s statement of

decision that the trial court found that the 2019 quitclaim deed was invalid. The court

was not required to make a specific finding in this regard, particularly when the Louers

did not request it or object to the statement of decision on the ground there was no such

express finding. (Runyan v. Pacific Air Industries, Inc. (1970) 2 Cal.3d 304, 309-310

[“‘[W]hile full findings are required upon all material issues a judgment will not be set

aside on appeal because of a failure to make an express finding upon an issue if a finding

thereon, consistent with the judgment, results by necessary implication from the express

findings which are made.’”]; see also St. Julian v. Financial Indemnity Co. (1969) 273

Cal.App.2d 185, 195; Kuffel v. Seaside Oil Co. (1977) 69 Cal.App.3d 555, 565; 59 Cal.

Jur. 3d Trial § 181.)

It can be implied from the following findings in the statement of decision that the

trial court found that the 2019 quitclaim deed was invalid. The trial court found that

Christine unilaterally attempted to reconvey the Property to the Louers by executing the

2019 quitclaim deed. The trial court further found that in 2019, Christine and the Louers

“concealed efforts to convey” the Hobsons’ interest in the Property to the Louers. The

trial court found that this surreptitious attempt to unilaterally transfer title to the Louers

by executing the 2019 quitclaim deed did not change the community property character

of the Property, and the Hobsons continued to hold title to the Property. Therefore, in

effect, the 2019 quitclaim deed was invalid, resulting in the trial court ordering that the

Property remain characterized as the Hobsons’ community property.

19 In addition, the trial court found that Christine’s attempted “unilateral transfer of

the [Property] to [the Louers] is tantamount to an amendment of the Hobson Trust”;

Christine’s “amendment to the Hobson Trust is not valid, pursuant to the express terms of

the Hobson Trust”; Christine’s “unilateral transfer of the [Property] to [the Louers] is

tantamount to a revocation of the Hobson Trust”; and “pursuant to [section] 761

[subdivision] (b) [the Property] remains community property despite [Christine’s]

unilateral distribution and withdrawal of the [the Property] from the Hobson Trust.”

Even if not expressly stated, the trial court’s findings and orders were well-

founded and more than sufficient in pronouncing the 2019 quitclaim deed invalid.

D. Order that the Louers Transfer Title Back to the Hobsons

The Louers argue that the trial court’s order “to immediately effectuate a transfer

of title” to the Property to the Hobsons “as tenants in common, forthwith,” demonstrates

that the trial court found that the 2019 quitclaim deed was a valid conveyance of the

Property to the Louers. The Louers assert that, if it were not a valid transfer, there would

be no need for the trial court to order the Louers to transfer title to the Property back to

the Hobsons. We disagree.

The trial court’s order that the Louers effectuate return of title of the Property to

the Hobsons was appropriate and not inconsistent with the determination that the 2019

quitclaim deed was invalid. The trial court reasonably ordered the Louers to effectuate

transfer of the Property title back to the Hobsons because Christine recorded the 2019

quitclaim deed, which clouded the Hobsons’ title to the Property. The trial court’s order

20 merely required the Louers to clear title by quitclaiming any interest in the Property,

which the Louers might later on claim under the 2019 quitclaim deed.

The order also required the Louers to convey title to the Hobsons as tenants in

common, rather than as community property, apparently because the matter was part of

ongoing dissolution proceedings. (§§ 2550, 2553 [“The court may make any orders the

court considers necessary to carry out the purposes of this [Family Code, property]

division”]; In re Marriage of Sivyer-Foley & Foley, supra, 189 Cal.App.4th at p. 525

[“Absent an agreement by the parties, . . . section 2550[] imposes on the trial court in

marital dissolution proceedings a duty to value and divide equally the parties’ community

property estate.” (fn. omitted.)].)

Thus, the trial court’s order that the Louers immediately effectuate a transfer of

title to the Property to the Hobsons is consistent with the trial court’s other findings and

does not establish, as the Louers argue, that the 2019 quitclaim deed lawfully conveyed

title to the Property to the Louers.

E. Statute of Limitations

The Louers argue that an unauthorized transfer of community property by one

spouse, without the consent of the other, is voidable, not void. Such a conveyance

therefore is valid until the nonconsenting spouse brings a successful action to invalidate

the unilateral transfer of community property within one year of recording title. (§ 1102,

subd. (d).)

21 Here, the 2019 quitclaim deed was recorded on March 25, 2019. Jimmie did not

file his joinder complaint to cancel the 2019 quitclaim deed until June 1, 2020. The

Louers argue that, regardless of whether the 2019 quitclaim deed is valid, the trial court

erred in ordering the Louers to transfer title back to the Hobsons, because Jimmie’s

complaint to cancel the 2019 quitclaim deed was barred by the one-year statute of

limitations under section 1102, subdivision (d). We disagree.

First, section 1102, subdivision (d) provides that an action “to avoid an instrument

mentioned in this section, affecting any property standing of record in the name of either

spouse alone, executed by the spouse alone, shall not be commenced after the expiration

of one year from the filing for record of that instrument in the recorder’s office . . . .”

(Italics added.) Section 1102, subdivision (d) is inapplicable by its own terms because it

applies only to recorded instruments affecting title to property standing of record in the

name of one spouse alone. The evidence is uncontroverted that when Christine executed

the 2019 quitclaim deed, title to the Property stood in the names of both spouses as

community property. Thus, the one-year statute of limitations is not a valid defense to

Jimmie’s action seeking to cancel the 2019 quitclaim deed.

Second, although a deed to community real property transferred to a third party is

presumed valid if the person receives the deed “in good faith without knowledge of the

marriage relation” (§ 1102, subd. (c)(2)), here, the Louers did not receive the 2019

quitclaim deed “in good faith without knowledge of the marriage relation” of the

Hobsons, given they knew Christine and Jimmie were married at all relevant times and

22 held joint ownership of the Property when Christine attempted to unilaterally transfer

their title to the Louers. (Ibid.)

We therefore conclude the 2019 quitclaim deed was invalid and the trial court did

not err in ordering the Louers to immediately effectuate recorded title to the Property by

the Hobsons as tenants in common.

V.

DISPOSITION

The judgment is affirmed. Jimmie is awarded his costs on appeal.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

CODRINGTON

Acting P. J.

We concur:

RAPHAEL

J.

MENETREZ

J.

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